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Biotech / Medical : Biotech Valuation -- Ignore unavailable to you. Want to Upgrade?

To: nigel bates who wrote (4122)	6/14/2001 10:09:30 AM
From: Biomaven	Read Replies (2) \| Respond to of 52153

Yes indeed, Festo is potentially a big deal for biotech. I think we discussed it on the thread back when it first came out. Here's the actual decision for anyone brave enough to struggle through it: ll.georgetown.edu The dissents are particularly interesting. In layman's terms, what this case does is to say that if you amended your claim in order to achieve patentability, then competitors can freely practice anything close (but not identical) to your claim. (In other words the doctrine of equivalents no longer applies). It could indeed have significant impact on existing patent protection, but you'd have to look at the details of each individual patent history to find out how vulnerable the patent is. I would think that big pharma would potentially be just as vulnerable as biotechs. There is a feeling that the Supreme Court will review the case because of its broad implications, although they have been reluctant to intervene in patent cases since the introduction of the Federal Circuit. There is also the possibility of legislative action. Peter