Once the particular patent is invalid does it get invalidated for all
subsequent generics or for the only party which invalidated the patents.
Sometimes I see that even though the patent is invalidated it is listed in
the orange book.
Even at times I have seen same patent listed in orange book for same
product but expires at different times.
Does anyone knows the answer of these questions.
Thanks
simmons.es@pg.co
m To: piug-l@derwent.co.uk
Sent by: cc: Annette.Weir@citadelgroup.com
owner-piug-l@der Subject: Re: PIUG query
went.co.uk
07/24/02 07:42
PM
Annette,
Drug manufacturers have been relying on a wide variety of patent claims to
maintain market exclusivity. These include more than the traditional
classes of
compound, process for making, and method of treatment. There are patents
claiming as new compositions of matter stereoisomers of previously patented
drugs, for example, and new crystalline forms of previously patented drugs.
There are patents on specific dosage forms and methods of treatment with
the new
dosage forms. There are patents on metabolites of previously registered
drugs.
The Orange Book even has listings for chemical intermediates used in
manufacturing the drugs.
Many of the averse decisions in recent patent invalidity cases involve
thsee
more creative claims, the ones that extend patent coverage beyond the term
of
the original composition of matter patent. Potential competitors are more
likely to challenge the patents because there's likely to be more prior art
to
support their allegations of invalidity. And judges and juries are more
likely
to invalidate the patents because the original manufacturer will already
have
had time to profit from the exclusivity provided by the original patents.
Edlyn Simmons
Internet Mail Message
Received from host: [193.123.78.40]
[193.123.78.40]
From: "Davis, Tracy" <Tracy.Davis@derwent.co.uk> on 07/22/2002 08:43 AM GMT
"Davis, Tracy" To: Piug-l <piug-l@derwent.co.uk>
<Tracy.Davis@derwent.co.uk> Cc: (bcc: Edlyn Simmons-ES/PGI)
Subject: PIUG query
07/22/2002 04:43 AM
Forwarded from a non-member.
Please direct answers to the list and also the sender
(Annette.Weir@citadelgroup.com).
Tracy
-----Original Message-----
From: Weir, Annette [mailto:Annette.Weir@citadelgroup.com]
Sent: 15 July 2002 20:13
Subject: query
I work in the library at Citadel and I'm assisting someone with some
research dealing with drug patents. There is a specific question that I
haven't seen addressed in the literature (I have access to a number of IP
journals online via Lexis and so far have come up with nothing). I would be
interested in knowing your thoughts on the following:
Of the different types of drug patents (e.g., on process, on
composition), are there any that are more vulnerable than others to legal
challenge? (Which type of patent has been most challenged? Which has been
least defensible?)
Any assistance you are able to provide with this query is greatly
appreciated.
Best regards,
Annette Weir
Research Management
Citadel Investment Group, L.L.C.
225 W. Washington
Chicago, IL 60606
tel. 312-384-8215
fax 312-696-2182
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