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"Geeks. All of you posting on this thread."
Gee Thanks for the ...compliments. Some, like myself find this stuff interesting.
Like I said - Geeks.
"Geeks. All of you posting on this thread."
Gee Thanks for the ...compliments. Some, like myself find this stuff interesting.
Like I said - Geeks.
This is why I think Idenix's suit is toast rather than Gilead
Jury folk especially dislike patent trolls who:
1) permutate every conceivable molecule in a patent, then
2) sue anyone who actually tries to discover that it really cures something
(If this scenario was legal, there would be zero innovation)
Jury folk also won't take kindly to a couple thousand pages of painful chemical jargon & hours upon hours of industry experts yammering on and on and on... about a few topics, that quite frankly, America deeply loathes: chemistry & patent law.
And even more so, if in the hundreds of pages of original patent submissions, Idenix failed to include the correct functional groups... instead resorting to decade-old lab logs (which... could.... be.... fabricated?).
Weak sauce indeed
It will be Gilead's simple argument that the Jury will actually wrap their heads around... that Pharmasset actually did some old school research & found a cure (despite the fact that it was written down in an Idenix lab book... and how exactly was Pharmasset supposed to be aware of that?)
I also wish Idenix the best: but it needs to be from finding their own cure rather than attacking another company's success with a legal army.
I am more interested in the Merck method patent; any other thoughts?
whoever OP is... he/she has a great nose
Thoughts?
http://marshallip.com/media/pnc/3/media.723.pdf
Idenix must prove it conceived the nucleosides prior to Gilead and that Idenix was diligent in reducing the invention to practice from a period just before Gilead’s December 2002 date up until the date Idenix actually made the nucleosides or up until 2 June 2008, the date the USPTO has now concluded that Idenix filed an application satisfactorily describing the nucleosides, Patel explained. Five years is an incredibly long period of time to show diligence for an invention like this, he said. Lawrence Green, a shareholder with Boston IP law firm Wolf,. Greenfield & Sacks, agreed, indicating the demonstration of reduction to practice requires daily activity. Idenix does not sound like it has good evidence for this, Green said, adding he has never seen a party successfully provide sufficient evidence for
such a long time duration.
Idenix also did not claim to make the product any earlier than 27 June 2003, which is after Gilead’s presumptive invention date, so “that also does not bode well” for Idenix in view of the USPTO's decision, Patel said. It is not impossible, “but I would be shocked if [Idenix] was able to win on priority of invention if it also must establish it was diligent over a five year period” he said.
JOHN G. NEW, Administrative Patent Judge.
A telephone conference call was held on May 5, 2014 at approximately 1 2:00 p.m. Present were Thomas E. Friebel, Anthony Insogna, and John Kinton, 2 counsel for Senior Party Richard Storer, Gilles Gosselin, Jean-Perre Sommadossi, 3 and Paola LaColla (“Storer”); Anthony M. Zupcic, Alicia A. Russo, and Daniel S. 4
Interference No. 105,981 Technology Center 1600
2
Glueck, counsel for Junior Party Jeremy Clark (“Clark”); and John G. New, 1 Administrative Patent Judge. 2 The purpose of the conference call was to discuss Storer’s request to defer, 3 until the priority phase, the filing of Storer’s opposition to Clark’s Motion 9, which 4 alleges that Storer’s involved claims are unpatentable under 35 U.S.C. §§ 102(e) 5 and 103.1 6 Storer argued that the principal reason for its desire to defer filing until the 7 priority phase is that a significant portion of its opposition will address Storer’s 8 conception of its invention and its ensuing diligence through its constructive 9 reduction to practice. Storer asserted that its diligence testimony will involve 10 overseas witnesses, and that bringing them to the United States for two testimonies 11 and cross-examinations would prove unduly burdensome. Storer cites Lazaridus v. 12 Eggleston, Interference No. 105,700, and argued that the balance of factors in the 13 6-factor test favors its request to defer its opposition to the priority phase of the 14 instant interference.2 15
1 Paper No. 156 2 Interference No. 105,700, Paper No. 333
Interference No. 105,981 Technology Center 1600
3
Clark opposes Storer’s request for deferral, pointing out that it is the default 1 procedure to proceed with briefing on an authorized substantive motion and 2 observing that Storer’s request comes two weeks before Storer’s opposition is to be 3 filed and four months after the Board’s Motion Times Order of January 21, 2014 4 (the “Motion Times Order”).3 5 Given that Storer has represented that its proofs antedating and priority 6 proofs are essentially the same, and given the sizeable burden on the parties and 7 the Board in essentially repeating the necessary proofs, Storer’s request to defer 8 filing of its opposition until the priority phase is GRANTED. 9 10 IT IS SO ORDERED