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Biotech / Medical : VVUS: VIVUS INC. (NASDAQ) -- Ignore unavailable to you. Want to Upgrade?

To: MIKE DUBIS who wrote (3051)	12/4/1997 11:39:00 PM
From: Mark A. Stang	Read Replies (3) \| Respond to of 23519

Dubious Dubis-- I am getting ready for a $1.3 M construction accident contribution trial in Cook Co. Circuit Court, so can't make this too long. Your sauce for the goose rationale is all wet. One can point to reasons the stock might hit 31--tax-selling over, anticipation of earnings, potential announcements of plant approval/deals, etc. You have not pointed out any possible reason VVUS would hit the teens. You might as well be shouting schoolyard taunts. Turning back to Harvard Scientific suit--admit know nothing about the suit or much about patent law. However, suit is not for declaration of infringement by Vivus, but of NON-infringement by Harvard Scientific. In other words, it's a defensive legal maneuver, not an offensive one. Harvard Scientific essentially wants a declaration now that it can sell its product, without the threat of a future infringement suit from Vivus. Even if Harvard wins, Vivus is free to keep on selling MUSE. So don't worry about the lawsuit. However, the question is, what is it about Harvard Scientific's product (I vaguely recall that it's simply a topical cream--Rogaine on a dick), that Harvard fears might be construed to infringe Vivus' patent and bring down Vivus' wrath? The lawsuit is irrelevant. What is key is for someone to post more detailed info about Harvard's product. If it is infringing, and has strong competitive potential in the ED market, then PFE would probably underwrite VVUS' legal battle to keep Harvard out. In the teens! Dubious! Give us one plausible reason.