Renovis
"If you have an actual IP claim, noting it in Silicon Investor doesn't do much to protect it, you should be pursuing something against Renovis."
I already have patent protection. But you do raise a point. By 35 USC § 271(e), I can't "pursue something" against Renovis until they apply for FDA approval. Here, not before 2006 and even then, only if Cerovive reaches this stage.
"Obviously, if your claim is valid, you actually would want the company to succeed."
True enough, although there are other alternatives. But Renovis does need to obtain a license. For one thing, I can provide a couple more years of patent protection. For another, their own IP has problems independent of any competing IP.
E.g., pass the stuff posted at nitrone.com by any patent attorney. And this is just a start, involving one specific piece of prior art. If I did not exist, it would be necessary for Renovis to invent me.
Unless you are trying to commercialize this yourself, which is unlikely.
Not at all. An "Abbreviated New Drug Application." (ANDA) is easily farmed out. Generic drug companies do it all the time. Besides the usual GMP and labling stuff, all you have to show is bioequivalence. See: fda.gov for the process. I can hear the knives being sharpened.
After the filing of an ANDA, Renovis must file an infringement claim, putting their patents on the line. I doubt they want to do this. My own IP is not at issue.
"Have you tried to settle with either Renovis or Centaur ?"
Sure, for nearly six years. This is quite long enough and amply justifies my testiness. E.g., See the exerpt from Centaur's 1998 annual report and my comments at: nitrone.com .
Possibly, full disclosure of my IP would have caused problems with investors. They were right-- likely, patent issues did cause Centaur's investors to pull the plug. So Centaur kept denying and temporizing, hoping "the donkey would learn to talk".
Time is on my side. I didn't push Centaur because they seemed willing to keep digging their hole deeper. I never expected them to collapse because of the weight of it. Perhaps they interpreted my forbearance as lack of interest and resolve. Denial is a funny thing.
Similarly, read the exerpt from the Renovis Prospectus, January 16, 2004 at
nitrone.com
Interestingly, just before Renovis' IPO, they removed the passage containing "Although we do not believe that these patents seriously harm our ability to develop and commercialize our products, we cannot be certain of this." Just in case...
__________________________________
Finally, doubtless, Renovis is reading this and everything else I have written. Much may be a surprise to them.
Hi Renovis employees, etc. "What we have here is a failure to communicate". If you-all have any corrections, objections, etc., post them here or send them to me and I will post them at nitrone.com or its mirror spintrap.com . Full disclosure, etc..
Speaking of intellectual property: "Cerovive" is the registered trademark of the AstraZenca company for PBN disulfate. |
