Pfizer has been paying for transcription assays since at least 1996. Yes, it's in the context of a partnership, and royalties will be attached to specific molecules deriving from the work. However, that partnership comes with the condition that a license for any relevant OSIP patents is included in the deal.
We're not talking apples and oranges, we're talking apples and apples. Pfizer just didn't access all of the relevant apples. Again, if they can provide justifiable evidence that the patent is invalid, then I'll shut up. Why, under those circumstances, would they be setting up the "Whine Defense" and asking for a jury trial? Let a judge decide it.
Why would AHP license the SIBI patent, having licensed the OSIP work, unless the SIBI patent was enabling? BTW, the AHP product is far along in development.... these aren't products that are all years off in the distance. We're talking near-term cash flows. More parking, an excerpt from the OSIP 10-K.......
The Company has received communications from Sibia Neuroscience, Inc.
("Sibia") in which Sibia has stated the Company's live-cell assay technology may
infringe a patent issued to Sibia covering cell-based
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assays. The Company does not believe that it is infringing any valid claim of
Sibia's patent or of any patents owned by any other third parties. However,
there can be no assurance that a contrary position will not be asserted, or
that, if asserted, such a position would not prevail. If a patent infringement
lawsuit were brought against the Company or its licensees, the Company could
incur substantial costs in defense of such a suit, which could have a material
adverse effect on the Company's business, financial condition and results of
operation, regardless of whether the Company were successful in the defense.
Furthermore, if Sibia (or any other third party) were to establish that the
Company's assays infringe Sibia's patent (or any patent of any other third
party), then the Company would be required to design non-infringing assays or
take a license under Sibia's patent. There can be no assurance the Company would
successfully design such assays or that such a license would be available on
acceptable terms or at all. Moreover, the Company's royalties may be reduced by
up to 50% if its licensees or collaborative partners are required to obtain
licenses from third parties whose patent rights are infringed by the Company's
products, technology or operations. |
