Gene Voss,
Thanks for your response. With your own VVUS patent, as well as other patents that you have is process, your comments on technical issues regarding patents carry extra significant weight.
This is what I understand the situation with HVSF. HVSF has a US patent for their product (they are waiting for a patent number at this time). Their patent covers the drug as well as the delivery system. Based on that patent they can begin marketing and sales of their product after receiving FDA approval.
To stop them from selling their product VVUS, it seems, will have to go to court. If such actions take years, as you have indicated, to get resolve, this would certainly be a negative for VVUS even if VVUS is vindicated in the end.
I have talked to the HVSF management on this subject at numerous times. The management at HVSF is absolutely positive that their patent will stand. After reading the VVUS patent in question, I fully agree with their position. It appears that the preemptive court action by HVSF on the patent issue, most likely, was taken to enhance their strategic position of HVSF for objectives including potential licensing and distribution agreements.
You have made some comments on the news release by HVSF regarding their application for international patent today. The common official procedures employed by US Patent Office that you mentioned in your post, are they applicable to US patents or both US and international patents.
I'll appreciate any comments that you may have on this subject.
Thanks in advance.
Afaq Sarwar |