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Biotech / Medical : Biotechnology Value Fund, L.P.
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To: scaram(o)uche who wrote (93)4/11/1998 12:02:00 PM
From: Steve LoknessRead Replies (3) of 4974
 
Rick;

I respect your judgement and have appreciated your wisdom, but seems perhaps I am on the opposite side of the fence on the CPRO/VMRX issue. At least from a stock position as I have CPRO from an old broker recommendation.

If I understand your post you have little faith that CPRO will prevail - correct? The first trial as you noted CPRO came out a winner only to lose in round two. You talk of a second jury trial in round two, however I am of the understanding that no jury heard this but the original verdict was overturned by the judge. Is this understanding wrong

Now to round three, the appeals. Will this be heard by a jury or a judge and if a judge will it be the same as heard the case? From a case law position the patent issues is very interesting but will it rule the day? Surely there is also some question on this issue.

On the side of CPRO one must consider their continued good luck with fast approval as well as Baxters bad luck in getting their product approved - will more trials be needed? Is not Baxters product significantly different so that phase three trials would be expected? Seems to me that Baxter wants to have their product approved without having to go through phase three trials relying instead on the fact that CPRO has already jumped through the hoops. Are there not people alive today because CPRO worked their buts off to get this product on the market while Baxter etal. sat on their patents and buts? Tell that to a jury and you get the original verdict.

To say this is an interesting case is an understatement. However, it is too bad they can't stop wasting money and time and get back to improving medicine. These comments are from following CPRO and in no way reflex any thoughts on VMRX. Maybe I should hedge my position and pick up a little VMRX?

Thanks Rick for any comments you make to these thoughts.
Steve
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