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Key Patent Language - may be more of a public relations nightmare with parent organizationsFirst: Number of Outstanding shares as of August 6, 2010 - 111,959,610 Key patent language "We are aware of a patent that was issued to Prosensa in Europe that may provide the basis for Prosensa to assert that our drug AVI-4658 infringes on such patent. We are currently opposing this patent in the Opposition Division of the European Patent Office and believe that we may be able to invalidate some or all of the claims covered by this patent and non-U.S. foreign equivalents. Final resolution of this opposition proceeding may take a number of years. In any case, we have freedom to operate with respect to our ongoing clinical trials for this drug candidate." ..."If any patent related to our products or technology issues, and if our activities are determined to be covered by such a patent, we cannot assure you that we will be able to obtain or maintain a license, which could have a material adverse effect on our business, financial condition, operating results and ability to obtain and/or maintain our strategic business relationships." Competitors: We are aware of many pharmaceutical and biotechnology companies that are actively engaged in research and development in areas related to antisense technology or that are developing alternative approaches to or therapeutics for the disease indications on which we are focused. Some of these competitors are developing or testing product candidates that do, or may in the future, compete directly with our product candidates. For example, we believe that companies including Alnylam Pharmaceuticals, Isis Pharmaceuticals, and Santaris share a focus on RNA-based drug discovery and development. Competitors with respect to our DMD program, or AVI-4658, include Prosensa and GlaxoSmithKline, or GSK, and BioMarin Pharmaceuticals. It is possible that these competitors will succeed in developing technologies that are more effective than our product candidates or that would render our technology obsolete or noncompetitive. Our competitors may, among other things: · develop safer or more effective products;· implement more effective approaches to sales and marketing;· develop less costly products;· obtain quicker regulatory approval;· have access to more manufacturing capacity;· form more advantageous strategic alliances; or· establish superior proprietary positions.
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Msg # | Subject | Author | Recs | Date Posted |
5865 | Re: 10Q Patent Language May Explain Lack of Partnership for AVI with DMD | pineappleguava | 1 | 8/10/2010 1:07:22 PM |