Just back to the patent again, I think I have found some more background on Biota's claim to the invention well before Biocryst was using trainer wheels.
Dr P D Cook joined Biota in April 2001 and became their chief scientist in California at that time. Look at Page 4 of the following Biota newsletter: http://www.biota.com.au/uploaded/154/1021562_15biotabulletin-issue32Cm.pdf
P.D. Cook is Peter Dan Cook (unrelated to the CEO, I assume).
The newsletter lists Dr Cooks achievements of discovering over 160 patents in the areas including the patent currently disputed by Biocryst.
Interestingly, there is a related patent originally filed in 2003 (and discovered earlier) was assigned by Dr Cook and fellow inventors to Biota.
Remember that the Patent Office must determine who first invented the molecule in question.
It looks like Biota will have plenty of evidence to show that their chief scientist was working on this well before Biocryst's claims.
Its looking very good - I suspect that Biocryst already has an idea of the pedigree behind Biota's discoveries and is more than concerned over where this is going.
Could we see a twist come June with the US options wide open to include some very big courting parties, knowing that Biota may well be sitting pretty on an HCV compound that is looking the goods...thanks to Biocryst's recent legwork ;-)?
BTA Price at posting:
87.5¢ Sentiment: Buy Disclosure: Held