Response to patents question from IR
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Thank you for your investment in Neurobiological Technologies, Inc.
In response to your question re: the company's Memantine patent
position, I would make the following points:
(1) The composition of matter patent for Memantine has expired.
(2) NTI has an exclusive license to a series of patents covering
certain non-opthalmic uses of Memantine. Certain of these patents
cover the use of antagonists of NMDA receptor mediated neuronal
damage to treat AIDS-related neuronal damage, and Memantine is
generally considered to be such a compound. In addition, certain of
these patents cover the use of Memantine to treat painful
peripheral neuropathy.
(3) Allergan has licensed a series of patents covering opthalmic uses
of Memantine; we do not believe that their patent rights overlap with
ours.
(4) In the absence of a composition of matter patent, the company (or
collaboration) that first obtains FDA approval of memantine for any
indication (ie - is "first to market") will have an advantage. This
is because physicians might be able to prescribe Memantine
"off-label" for other conditions.
(5) In my personal opinion, NTI, as a very small company, is not
likely to attempt to compete head-to-head with any large company
wishing to develop Memantine for a broad range of neurological
conditions. Instead, I believe that NTI management would
choose to leverage its use patent position into a partnership
with a larger company.
Sincerely,
Victor Libet, Ph.D.
Administrator, Investor Relations
Neurobiological Technologies, Inc.
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