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Biotech / Medical : Neurocrine Biosciences (NBIX)

NBIX 132.39

-0.7%

Jan 16 9:30 AM EST

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To: keokalani'nui who wrote (933)	5/14/2002 9:06:21 PM
From: Miljenko Zuanic	Read Replies (2) of 1834

Wilder, <<If I am right that the company would have received a notice of allowance before the company made those comments on May 7 (and I am assuming would have mentioned this), would it be right conclusion that the May 7 patent does not cover the commercial 34060?>> I do not have correct info (I may ask NBIX if you want) about what 34060 crystalline form is in IR and/or MR formulation, but I will assume that it is higher melted form (more stable). So, by this, patent does cover commercial 34060. For instance LIPITOR also has patent on polymorph for active ingredient, ATORVASTATIN CALCIUM, and NDA exclusivity is: Exclusivity Data Appl No Prod No Exclusivity Code Exclusivity Expiration 020702 001 I-281 DEC 02,2002 020702 001 PED JUN 02,2003 However, their crystalline form and formulation patent will protect Lipitor from generic in years to come. 164.195.100.11 NBIX also hove formulation (MR formulation) patent application (already issued in EU), as well as application for composite patent (compound itself) for 34060. Miljenko

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