A key sticking point for both POH and Mylan in the daptomycin injectable arbitration matter has to be the validity of the patent priority date.
Agila has indicated a patent priority date of 23/8/2012 .This date is exactly one year behind the common patent filing date of 23/8/2013 and is only a short time before Agila and POH signed a licensing agreement on 30/10/2012.
From Patent Lens[a free patent resource for patent system navigation] the following has been extracted:
"If a patent application is an original, non-provisional patent application, not a continuation application, and not previously filed in another country, its filing date is usually the same as its priority date".
Based on the above [and forgetting about prior art in this matter] it appears that the patent priority date should be 23/8/2013 and that POH is on solid ground against an apparent Agila fudge.
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