Biogen Message Board - Msg: 3391168

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Biotech / Medical : Biogen

BIIB 175.32

+4.2%

Nov 21 9:30 AM EST

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To: scaram(o)uche who wrote (605)	2/10/1998 1:22:00 PM
From: Scott	Read Replies (1) of 1686

Rick, Biogen can't sue Idec for patent infringement until Idec does something that infringes and that is not related to a U.S. clinical trial. There is a "safe harbor" exemption from patent infringement for any activities associated with bringing a drug through trials to FDA appproval. So unless Idec is using the Ab for other purposes, Biogen can't stop them until Idec gets approval. The only way that Idec's ongoing development of this makes sense is that Idec has reason to believe that one or more of its pending patent applications will force Biogen to cross-license and split up the field. In a way it makes Biogen's position appear even more attractive, since Idec must believe that this Ab is likely to work very well and be very profitable, to explain their wading into a litigation minefield.

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