"Considering Vivus had a favorable 20-2 advisory panel recommendation in hand in February, the company knew FDA approval this week was a certainty. They have had the last 5 months to sign a licensing / distribution / partnering / deal with a credible pharma marketing company. J&J — a likely rights-holder in at least one of the patents looming over Vivus' freedom to operate — would have obviously been the company’s first phone call in February. Instead, insiders sold virtually all their options-vested stock, and the company raised money from investors.
After all, Vivus, is a 38-person company with scant history of manufacturing or selling a drug. Why have they not been able to sign up a marketing partner or a strategic investor for Qsymia over the past 5 months ? Citron finds this odd … Like Kate Upton not being able to find a date. Possibly the problem here is no one wants to get in the middle of what seems to be an inevitable intellectual property battle with J&J and/or others that will likely delay and possibly threaten the production of Qsymia.
Because of this overhanging risk, any third parties supplying topiramate to Vivus might be liable for contributory infringement for supplying an Active Pharmaceutical Ingredient – a risk for any drug supplier who knowingly infringes a patent."
The only thing that saves VVUS here patentwise, is they haven;t sold enough of the stuff, to make enough, for somebody to come after them (J+J). If VVUS were ever to really make any real money off Qysmia, then they might go after them later. Partnering with VVUS---J+J, if they believed in this combi to begin with would have already partnered. This is the company that cancelled TOP development in weight loss--over safety seen---LOL!
J+J knows its a niche drug in the space competing with the generic components! So does the rest of BP and thats why the partnerships never seem to come to fruition over the years even as VVUS managment stokes and then milks the resulting rumors to sell stock and dilute. VVUS shareholders have been scammed for years with the deal gambit here!