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Dynavax Technologies Corporation Message Board

  • niwrad1809 niwrad1809 Feb 1, 2013 2:09 PM Flag

    The one piece of the puzzle I still have confusion about is ...

    ... the patent situation. Ive never been clear on what the problem and solution are and unfortunately I can see there was some talk about it at the last conference, but it is no longer available for listening. Can someone offer me an intelligent response on this issue? Thanks in advance.

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    • Bigredkachina has succinctly outlined the "problem".

      The "solution" is nearly always patent licensing - if even necessary. Requiring a license assumes that Heplisav actually infringes a method patent for making HBV antigen. Note that the "problem" patents are "method" patents. Method patents are not as strong as "composition of matter" patents (i.e., the HBV antigen itself). Method patents are routinely designed around so as to not infringe. Additionally, most biopharmaceutical methods of production are kept as trade secrets - so would be hard to prove infringement anyway.

      Patent invalidation would be another, more costly and painful option.

      Again, this all assumes that the patent infringement is a reality.

    • From Seeking Alpha article 11/12:

      2. Patent issues: DVAX cited patent infringement as a potential risk factor for the commercialization of their product (DVAX 10Q Q3-2012). In particular, its competitors, Merck and GSK, are the exclusive licensees of broad patents covering methods of production of recombinant hepatitis B surface antigens, an essential component of HEPLISAV. In addition, the Institut Pasteur also owns or has exclusive licenses to patents relating to aspects of production of the same antigen. Finally, Pfizer (PFE) has issued patent claims that may be asserted against DVAX ISS products.

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