that's certainly one of the reasons why i like benitec so much now. they went through the wringer at uspto and came out shining, with every single claim upheld by the BPAI judges. Alnylam and others are only being tested now, and they are feeling the pain every bit as much as benitec did.
in fact the BPAI judges were quite strong in their judgement supporting the CSIRO / Benitec side.
The thing about the re-examination is there wasn't a single stone left unturned by the examiner in trying to deny the patent. the scientific process applied in legal way if you like. No one third party can challenge the Graham patent at USPTO now - they'd not even get passed the initial approval.
And the momentum of this decision as we have seen has impacted on other patent offices. UK only one left - i'm less convinced it's that important, i don't think it'd stop a deal or licence. But hell - be nice to have it sorted as well just to complete the hand.
BLT Price at posting:
70.0¢ Sentiment: Buy Disclosure: Held
