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BioPharm Insight quotes Konstantin Linnik on Qsymia patents

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07.31.2012

Konstantin Linnik, a member of the firm’s Intellectual Property and Life Sciences practice groups, was quoted by BioPharm Insight in the expert analysis report entitled “Vivus’ Qsymia patents unlikely to face validity challenges.” Qsymia is a newly approved weight-loss drug that includes a combination of two previously approved drugs phentermine and topiramate, both available as generics. Financial analysts have raised concerns about the strength of Vivus’ patent position on two-drug combination. There were also serious accusations around the fundamental reason the patent was granted, relating to the declaration submitted by the inventor to the US patent office. Konstantin pointed out the inconsistency between what was said at the FDA and at the patent office, and explained the implications. In part, Konstantin said, “This could come to light if a generics maker tried to dispute the validity of Vivus' claims, but this would only happen if a generic has something to gain. It is not clear if the economics are incentivizing to a Qsymia generic, as the individual components are both already available as generics."

For a copy of the full report, click here.

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