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Biotech / Medical : Ligand (LGND) Breakout! -- Ignore unavailable to you. Want to Upgrade?

To: Henry Niman who wrote (20991)	5/17/1998 5:44:00 PM
From: Machaon	Read Replies (1) \| Respond to of 32384

<< The Roche patent issue is several years old. >> True, but it is still pending. The market usually takes into account any uncertainty. Especially in patent disputes, where it can really get complex. Thanks, Bob

To: Henry Niman who wrote (20991)	5/17/1998 8:06:00 PM
From: John O'Neill	Read Replies (1) \| Respond to of 32384

I believe the patent would be contested once a company starts selling the product. I guess, if Roche wanted to, they could sue for patent infringement after FDA approval and selling of Panretin by LGND. Sounds like Roche would also be taking on LLY in this, if they chose to pursue the matter. JO

To: Henry Niman who wrote (20991)	5/23/1998 11:00:00 PM
From: WTDEC	Respond to of 32384

"The Roche patent issue is several years old. I has been discussed many times here and on Yahoo!. LGND has an earlier filing date and the discovered that 9-cis retinoic acid was a natural hormone in a 1992 Cell paper." Henry, under US Patent law, the first to discover, not the first to file is entitled to the patent. Lab notebooks, etc. are used to establish who was first. Perhaps Roche feels they have evidence of discovery pre-dating the '92 Cell paper. The 'interference' could take 5 years or longer to resolve, although the parties often come to some compromise sooner. In most countries outside the US, the first filer gets the patent and if LGND and/or Roche have foreign patents, they could have a baring on the situation. I'll see what I can find out on the status of this situation next week in San Diego. In preparation, would like any further comments you or any others may have on this matter. Thanks and best regards, Walter