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Avanir Pharmaceuticals, Inc. Message Board

  • greatdayforinvestments greatdayforinvestments Aug 28, 2013 10:08 PM Flag

    *POSITIVE EVENTS* Re: Patent 7659282 Expires Aug 13, 2026; Patent RE38115 Expires Jan 26, 2016:

    "Judge Stark issued a memorandum of opinion following the October 5, 2012 Markman hearing: Judge Starks opinion sided with AVNR’s term construction upholding all the terms in the 7659282 patent and making positive adjustments to terms of patent RE38115. The judge modified terminology utilized in a claim in patent RE38115 regarding a CYP2D6 inhibitor that is synonymous with AVNR’s definitions and importantly include the words “excluding cimetidine” that the defendants (generic manufactures) sought to remove from terms in RE38115. We note that this is positive for AVNR, as not including terms “excluding cimetidine” could have lead the defendants to argue favorably for invalidity of RE38115 due to prior art. Prior art describes the use of cimetidine in combination with dextromethorphan."

    THE GENERICS HAVE TO ALSO CONTEND WITH THE PATENT 8,227,484 ISSUED 7/24/12; Patent Expires Jul 17, 2023:

    ALISO VIEJO, Calif., Aug. 3, 2012 /PRNewswire/ -- Avanir Pharmaceuticals, Inc. (NASDAQ: AVNR) announced today that an additional patent covering Avanir's NUEDEXTA® (dextromethorphan HBr and quinidine sulfate) product has been listed in the U.S. Food and Drug Administration's (FDA) Orange Book.
    The Orange Book listing requires an Abbreviated New Drug Application (ANDA) applicant, seeking FDA approval for a generic version of NUEDEXTA prior to expiration of the patent, to notify Avanir of its ANDA
    filing before it can obtain FDA approval.

    The additional patent, U.S. Patent number 8,227,484, entitled "Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorders," claims methods for treating pseudobulbar affect or emotional lability using low-dose quinidine formulations of NUEDEXTA. This additional patent, whose allowance was previously announced by Avanir on July 2, 2012, issued on July 24, 2012.

    Sentiment: Strong Buy

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    • What was the need for this patent if the 115 patent and 282 patent already cover use of dex/quin?
      What was the justification for making a new patent if the previous patents already covered use of dex/quin?
      And why does the 484 patent, which came last, expire 3 years before the 282 patent?

      "The additional patent, U.S. Patent number 8,227,484, entitled "Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorders," claims methods for treating pseudobulbar affect or emotional lability using low-dose quinidine formulations of NUEDEXTA. This additional patent, whose allowance was previously announced by Avanir on July 2, 2012, issued on July 24, 2012."

    • good summary

    • greatdayforinvestments greatdayforinvestments Aug 28, 2013 10:19 PM Flag

      WHY the Short Bashers are using their non legal "common sense" to come up with B.S. in order to attempt to persuade some unsuspecting shareholder to sell; here you go, are Markman rulings important? YES:

      "Markman hearings are important, since the court determines patent infringement cases by the interpretation of claims. A Markman hearing may encourage settlement, since the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a whole. Markman hearings are before a judge, and generally take place before trial. A Markman hearing may occur before the close of discovery, along with a motion for preliminary injunction, or at the end of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the trial begins, but before jury selection."

      Sentiment: Strong Buy

 
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