In the ordinary course of events, patents are.... well... very ordinary. In this particular case the patent is extraordinary.
I hope Biota doesn't take the Biocryst phone calls. We should just ignore them until they make an offer we cannot refuse. Seems like they have, or had, quite deep pockets. For $600M they could probably take-over the entire company and then have Relenza and Lani royalties, Barda grant for US/ROW certification and flunet plus money in the bank.
So for $300M up front and milestones / 15% royalties etc etc, we could let them use our patent. Not that $300M cash would increase the market cap by more than $100M, but thats Biota for you. If it happens like this, I hope pc can stitch up a more robust deal than the one with GSK!
It is probably up to the US Patents authority to defend its decision to grant Biota the patent. I guess Biota would also need to be represented. With two competing applications, they must have known there would be a bunfight. This would indicate their greater than normal care with the applications, in anticipation of a review or a legal challenge.
I also hope that pc has arranges Biota affairs to prevent a predatory take-over.
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