J & J has pursued this intellectual property ever since it funded, supplied and gave theoretical direction and purpose to the lab that created it. ...Evidently, that provinence was impressive enough to the Arbitration Board empaneled to decide the matter that J & J got the result they sought, and Affymax failed on that same score.
It was not Affymax, but J & J who got the cases introduced by Affymax in Illinois and Germany (a go-slow legal strategy if ever there was one) thrown out and binding Arbitration introduced in this matter. A strategy that worked marvelously for them: quick and final.
The Affymax legal squad were out-maneuvered and out-lawyered by the superior, more practiced and ensconced bunch that prosecuted the J & J side.
Now the idea is absurd, that following this important, long sought victory (and in light of Amgen's complete humiliation of Roche on a similar case just over a year ago) J & J will not protect this intellectual property successfully. Affymax's lawyers make the same boiler-plate claims of non-validity and non-application that Roche's lawyers made (and still, despite complete defeat, make.)
J & J will sue. J & J will win. This is what they do...a great deal of that huge corporate structure is devoted to successfully defending the IP that is developed by the other great deal of it.
more in part 2...Yahoo is not letting me post this so i am trying a new route...
Mr. ATL, I guess your true colors are now showing behind your "I am better than thou" fake PhD Mardi Gras mask. Your demeanor is a disgrace to this board. Sorry I wasted my time answering your earlier posts. And to use your own words, thank goodness for the Ignore buttons!
and you claim to have a PHD but acting like a 12 year old. It does not matter if someone gets in just prior to the close on March 27, they have as much right to a gain or loss as you do, its just you may have a much lower entry point. I would rather have cheerleaders than constant bashers anyday, i expect approval and deserve every penny that bring to me and my investment as do you.
ITMN has been slow and steady. But AFFY really is a completely different ballgame.
What many people are failing to realize is that Hematide can still very likely be approved in the U.S. Even if the company can only get approval for the dialysis market. That is still 70% of the market!! The results released in June were actually very positive for that subset. That is what they will be going through with and what the NDA will be filed in January for.
Not to mention NDA filing=huge milestone payment.
It's going to be a fun ride.
the mistake you make is the"co own" every patent but one so in worst case JNJ will get royalty on patents regarding the drug which is more than discounted in the stock. The next phase is this was brought against 6 years ago if affy goes to court expect 3-5 years for a final ruling if they have not settled before then. One thing I dont understand in ALL affy filing in last 3 years they have said this rulling will have zero effect in marketing and selling the drug whether they win or lose. So if affy won the stock would be 12$, no way.
my next point is this was a 25$stock and they raised over 400million with this ruling in arbitration. Their is zero chance affy could have been at that level if this ruling was so important- common sense.
Another view if affy had perfect phase 3 results and stocks was now 50$ and this ruling came out so the stock would have gone down 50% because of this ruling- no way. this case was in market for years and big boys knew it was MINOR compared if you think the drug has value. The stock has been around 5-7$ range since the release that killed the stock- this news is noise and tired investors are selling. the whole key which has been in last 5 years was can this drug get approved.