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Biotech / Medical : VVUS: VIVUS INC. (NASDAQ)
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To: Cacaito who wrote (5569)2/22/1998 3:27:00 PM
From: Afaq Sarwar   of 23519
 
Cacaito,

Lets get to the core issue regarding the patent. VVUS had made a claim in their letter to HVSF suggesting that HVSF products infringes upon the patent by Gene Voss that VVUS has rights for.

The primary agent for Gene Voss's patent is:

"a primary agent, being a vasodilator, selected from the group consisting of papaverine, hydralazine, sodium nitroprusside,
phenoxybenzamine or phentolamine, said primary agent being present in said ointment in an amount between one and five percent by weight; dimethyl sulfoxide for assisting absorption of said primary agent through said skin; and a base."

The primary agent for HVSF's patent is:

".......an aqueous solution containing prostaglandin-containing liposomes and a detergent for lysing the liposomes. A pharmaceutical composition for treating erectile dysfunction comprises a two-component system. The first component comprises a predetermined amount of lyophilized prostaglandin-containing liposomes. The second component comprises a predetermined volume of an aqueous solution containing a detergent, preferably PEG(9) octylphenyl ether, for lysing the liposomes. Dissolution of the lyophilized prostaglandin-containing liposomes yields a liquid composition...."

Do you see the difference that the Patent Examiner was able to see?

More later.

Afaq Sarwar
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