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

To: Amots who wrote (21367)	4/26/1999 2:26:00 PM
From: RT	Read Replies (2) \| Respond to of 23519

<<What about the similarity between the two patents? Normally, a conflict between pending patent applications is resolved before the patents are issued, in a secret procedure called an "interference." "I think the Patent Office goofed here," said Michael Ebert, the Wysors' patent lawyer, who is based in New York City. Ebert contended that the Wysors' patent was strong because it was based upon human studies. Officials at Vivus said they were still studying the rival patent but noted that they applied for, and received, their patent before the Wysors did. "Ours is a bigger, better and earlier patent," said Nina Ferrari, a spokeswoman for Vivus. At this point, it is likely that any conflict between the two patents would have to be resolved in court. The Wysors received patent 5,891,915. Vivus was awarded patent 5,877,216.>> Amots, I'm surprised nobody is concerned about the patent conflict. It looks like Vivus will prevail in any lawsuit but as usual nothing seems to go smoothly. I guess everyone remembers the Muse patent that cost us roughly 5M (not sure of the exact amount) because of an omission. I hope this is not a repeat. Did HVSF ever patent their femgel? RT