This means 3X penalties which will add up!For increased damages pursuant to 35 U.S.C.

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"IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
IDENIX PHARMACEUTICALS, INC., UNIVERSITA DEGLI STUDI DI CAGLIARI, CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE, and L’ UNIVERSITÉ MONTPELLIER II,
Plaintiffs,
v.
GILEAD SCIENCES, INC. and GILEAD PHARMASSET LLC, Defendants.
) ) ) ) ) ) ) ) ) ) ) ) ) "

"PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Gilead Sciences and Gilead
Pharmasset as follows:
a) Declaring that Gilead Sciences’ commercial sale and offer for sale of sofosbuvir
will contribute to and induce infringement of the ’600 Patent;
b) For an order permanently enjoining Gilead Sciences’ infringing activities;
c) For an accounting of all damages sustained by Plaintiffs as a result of Gilead
Sciences’ infringing activities;
d) For actual damages together with prejudgment interest;
Case 1:13-cv-01987-LPS Document 1 Filed 12/01/13 Page 10 of 11 PageID #: 10
{00810294;v1 } -11-
e) For increased damages pursuant to 35 U.S.C. § 284;
f) That Plaintiffs be adjudged to be the owner of the invention claimed in the claims
of the ’600 Patent;
g) That the ’600 Patent and the ’322 Patent are interfering patents;
h) That the ’600 Patent has priority of invention over the ’322 Patent;
i) That because the ’600 Patent has priority of invention over the claims of the ’322
Patent, the interfering claims of the ’322 Patent are invalid;
j) For an award of attorneys’ fees and costs pursuant to 35 U.S.C. § 285 or as
otherwise permitted by law; and
k) For such other and further relief as the Court may deem just and proper. "
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

Any French and Italians in Boston? I hope so because they would make a great Jury pool
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

OUCH! OUCH! OUCH!

"... a little late I would say. I mean you guys did file a preliminary provisional application in May 30, 2003. The Constructive reduction to practice was seen as early as June, 2002 and again on April 2003 an even again on May 14, 2003, by the scientists at my company Idenix and all prior invention dates to yours. Even the official filing dates betray your so-called invention. I may not be a "rocket scientist" but I do know that June 27, 2003, which is the filing date of our "600" patent is earlier than your filing date of April 21, 2004. I would tell pillprep to buy more puts, because I think he has handicapped himself by blinding his eyes to my informative and by the way NO-CHARGE posts"
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

'By then, the rest of us have moved on to 5816" ..............smart man. I have posted the EC-50's of GS-5816 & its competitor IDX-719. They are very comparable. As I assume IDX-437 and SOF will be. In the end, there will be a green pill of (SOF+5816) and a yellow pill of (Idenix-437+Idenix-719) and probably a baby blue pill of (MK-5172/MK-8742+?) ........all in about 2 to about 2 1/2 years
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

“Some investors might be discouraged when they google the patents involved in the Mass lawsuit ((6,914,054 &7,608,597) because they clearly have no claim over any Flouro in the 2’ location. These investors need to remember that to win idenix must be proven to have INVENTED first not FILED first. These two patents were filed May23, 2000 and they establish the Methyl at the 2’ location & show established clinical efficacy on cynomolyus monkeys (probably work done at SW Research in San Antonio, Texas)

Now lets go to the US Patent 7,608,600 . The “600” patent. Idenix file their provisional patent applications on June 28, 2002 & April 28, 2003 and again on May 14, 2003. This is prior to Pharmasett's provisional Patent filed on May 30, 2003.

The actual patent was filed by Idenix on June27, 2003. This is well before the actual filing of Pharmasett on April 21, 2004.

Maybe this is why the USPTO changed course again and granted Senior party status to Idenix:

"Idenix Pharmaceuticals Announces Declaration of Senior Party in a Second Patent Interference by the USPTO"
"A patent interference is an administrative proceeding conducted by the USPTO in order to determine which party is entitled to a patent when two or more parties claim patent rights to the same technology. Under applicable U.S. law, a patent is awarded to the first party to invent a particular technology, subject to certain limitations. The applicant who filed the earlier patent application is referred to as the senior party in the patent interference and the applicant with the later filing date is referred to as the junior party. The junior party bears the burden of proof to demonstrate that it invented the technology in question before the senior party. In this case, the USPTO has initially determined that Idenix is the senior party and that Gilead is the junior party."

The hearing is set for Jan7, 2014.
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

Looks like JNJ might want to sub-license "719". OK, they already tried to buy it for a rumored $2.87 Billion. Idenix said NO WAY!!!. Maybe they will do a non-exclusive license deal. That way they get revenue, royalties and will be able to compete with Gilead's (SOF+GS-5816) regimen by combining it with their Nuc IDX-437. I think they said phase 2 trials start in June!!! Nope, I'm sure the CEO said that on Dec 3, 2013!

Idenix Pharmaceuticals Announces Initiation of Enrollment in a Phase II All-Oral Combination Study of Samatasvir (IDX719), Simeprevir, and TMC647055 for the Treatment of Hepatitis C Virus (HCV) Infection

Phase II HELIX-2 Trial is the Second HCV Clinical Study to Commence Under Collaboration Agreement With Janssen Pharmaceuticals, Inc.




CAMBRIDGE, Mass., Dec. 2, 2013 (GLOBE NEWSWIRE) -- Idenix Pharmaceuticals, Inc. (Nasdaq:IDIX), a biopharmaceutical company engaged in the discovery and development of drugs for the treatment of human viral diseases, today announced the initiation of patient enrollment in the phase II HELIX-2 clinical trial evaluating an all-oral, direct-acting antiviral (DAA) HCV combination regimen of samatasvir, Idenix's once-daily pan-genotypic NS5A inhibitor, simeprevir, a once-daily NS3/4A protease inhibitor jointly developed by Janssen R&D Ireland and Medivir AB, and TMC647055, a once-daily NS5B non-nucleoside polymerase inhibitor boosted with low-dose ritonavir developed by Janssen.

The HELIX-2 trial is a 12-week, randomized, open-label study evaluating the efficacy, safety and tolerability of samatasvir, simeprevir, and TMC647055. The trial will evaluate genotype 1 HCV-infected patients who are either treatment-naïve or who have relapsed after prior treatment with interferon and ribavirin. Patients will receive 50 mg samatasvir, 75 mg of simeprevir and 450 mg of TMC647055/ritonavir (30 mg), each once daily for 12 weeks, with or without ribavirin.
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

Now Pillprep here's how i got into IDIX
I made a killing in Vertex stock but we had a true
Stevens Johnson from Incivek early in the game
when everyone was making light if it
That was around 3 years ago
I started searching for the next generation DAAs
and my research took me to Vertex ( Alios Nucs)
ACHN and IDIX
In researching IDIX I came across some very incestuous
relationships where Ray Schinazi was deeply involved
on this same boards with both companies at the same
time It also appeared that the same lawyers filed the
same patents
I came to the conclusion that something was amiss
Myprim has helped fill in some gaps in my knowledge
Google Schinazi and you will find articles saying
Gilead could have gotten VRUS for 300 million
not 10 Billion
Schinazi walked away with 300 mil from the deal

Having said all this it is just circumstantial evidence
Of something amiss Then throw in Klarman starting building his
IDIX position at roughy the same time I stated buying

The US Patent office itself called for the interference
and initially Gilead was junior but now in a second interference
call IDIX is senior

OK here's the play
Gilead market cap has risen so much that I bet
they make this go away with either a settlement
or a buyout of IDIX with Gilead stock

That's why I am swinging for the fences here
Risk/reward on IDIX is skewed to a potential
10X

You will continue to get nice returns from Gilead
but IDIX is the play
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

CAMBRIDGE, Mass., Dec. 2, 2013 (GLOBE NEWSWIRE) -- Idenix Pharmaceuticals, Inc. (Nasdaq:IDIX), a biopharmaceutical company engaged in the discovery and development of drugs for the treatment of human viral diseases, today announced that it has filed two lawsuits against Gilead Sciences, Inc. (Nasdaq:GILD): a patent infringement lawsuit in the United States District Court in Boston, Massachusetts and a separate patent infringement and interference lawsuit in the United States District Court in Wilmington, Delaware.
The Massachusetts infringement lawsuit alleges that Gilead infringes two U.S. patents co-owned by Idenix (6,914,054 and 7,608,597) that cover methods of treating the hepatitis C virus using 2'-methyl nucleosides. In this lawsuit, Idenix is seeking a declaration that Gilead's imminent distribution, importation, use, sale or offer to sell drugs containing sofosbuvir, a 2'-methyl nucleoside compound, infringes Idenix's patents.
The Delaware infringement and interference lawsuit alleges that Gilead infringes a separate U.S. patent co-owned by Idenix (7,608,600) that covers methods of treating the hepatitis C virus using 2'-methyl-2'-fluoro nucleosides. Idenix is seeking a declaration that Gilead's imminent distribution, importation, use, sale or offer to sell drugs containing sofosbuvir infringes the Idenix '600 patent. Additionally, the Delaware lawsuit asserts a claim for interfering patents between the Idenix '600 patent and a U.S. patent (8,415,322) owned by a Gilead subsidiary, Gilead Pharmasset LLC. Idenix is seeking to have the Gilead '322 patent declared invalid.
"Idenix has invested significant resources in nucleoside drug discovery and in building an intellectual property portfolio that aids in the discovery and development of drugs for the treatment of the hepatitis C virus and other viral diseases," said Maria Stahl, senior vice president and general counsel at Idenix. "While we have attempted to resolve this matter with Gilead without resorting to infringement litigation, we intend to diligently and vigorously protect our patent rights for the benefit of our company and our shareholders and prevent infringing use by others. Idenix remains confident in its patent portfolio and has several patent families that provide the Company coverage for 2'-methyl nucleoside compounds and 2'- methyl, 2'- fluoro nucleoside compounds specifically."
 






Re: This means 3X penalties which will add up!For increased damages pursuant to 35 U.

and meanwhile nothing has happened, you are still in mom's basement screaming for more cheerios and we are selling the crap out of sofos. LOL good luck in your future prognosticating.
 












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