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Vertex Pharmaceuticals Incorporated Message Board

iron2_2000 3 posts  |  Last Activity: Jun 29, 2015 9:49 AM Member since: Jan 2, 2000
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  • Reply to

    Mitigating factor....?discussion

    by jrrt1 Jun 29, 2015 7:34 AM
    iron2_2000 iron2_2000 Jun 29, 2015 9:49 AM Flag

    A final decision would be expected only after ALL appeals have been exhausted. If Sarepta (or Biomarin) is dissatisfied with the PTAB decision they could take it next to the Federal Circuit Court of Appeals. That would be a lengthy process and etep (if approved) would almost certainly be on the market by then.

    Sentiment: Strong Buy

  • Reply to

    Mitigating factor....?discussion

    by jrrt1 Jun 29, 2015 7:34 AM
    iron2_2000 iron2_2000 Jun 29, 2015 9:16 AM Flag

    It could be inconsequential or it could not be. If Prosensa's patents are found to be blocking in the U.S. and Europe, the optimistic scenario for SRPT is that etep is approved, drisa is not approved, and Sarepta will likely have to pay Biomarin a single digit royalty. What if, however, both drugs are approved and Biomarin moves to block the sale of etep based on infringement of their patent claims. That could be just a bit messier.

    The issue is not whether or not Sarepta's composition of matter claims are valid. The issue is whether or not the Prosensa claims covering etep are valid and upheld (as they have been so far in Europe).

    Sentiment: Strong Buy

  • Reply to

    Mitigating factor....?discussion

    by jrrt1 Jun 29, 2015 7:34 AM
    iron2_2000 iron2_2000 Jun 29, 2015 8:56 AM Flag

    Do you have any links for the preliminary decision? I just went to the USPTO PTAB webpage and searched by Interference Nos. 106,007; 106,008; and 106,013 and found nothing.

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