OPTR » Topics » Intellectual Property

These excerpts taken from the OPTR 10-K filed Mar 12, 2009.

Intellectual Property

 

The proprietary nature of, and protection for, our products, product candidates, processes and know-how are important to our business.  We seek patent protection in the United States and internationally for our product candidates and other technology where available and when appropriate.  Our policy is to patent or in-license the technology, inventions and improvements that we consider important to the development of our business.  In addition, we use license agreements to selectively convey to others rights to our own intellectual property.  We also rely on trade secrets, know-how and continuing innovation to develop and maintain our competitive position.  We cannot be sure that patents will be granted with respect to any of our pending patent applications or with respect to any patent applications filed by us in the future, nor can we be sure that any of our existing patents or any patents that may be granted to us in the future will be commercially useful in protecting our technology.  For this and more comprehensive risks related to our intellectual property, please see “Risk Factors — Risks Related to Our Intellectual Property.”

 

We have established and continue to build proprietary positions for our pipeline product candidates and technology in the United States and abroad.  We have built a portfolio of more than 80 patents and patent applications that we either own or have licensed around our key products and technologies.  As of February 28, 2009, this portfolio included 5 issued U.S. patents and 16 pending U.S. patent applications.  Foreign counterparts to these included 12 issued patents and 52 pending patent applications.

 

For our lead product candidate fidaxomicin, we have one issued patent, one allowed patent and six U.S. pending patent applications, and one issued patent and 34 pending foreign counterparts in Australia, Canada, China, Europe, Japan, South Korea, India, Taiwan, Mexico and Brazil.  If issued, these fidaxomicin related patent applications may cover the composition of matter, the specific crystalline polymorph forms, specific methods for manufacturing, methods of using and pharmaceutical formulations containing the various components.  If issued, these patent applications would expire between 2023 and 2027.  For our other product candidate prulifloxacin, we have licensed one issued U.S. patent and one pending U.S. patent application from Nippon Shinyaku.  The U.S. patent, covers the compound prulifloxacin, however, this patent expired in February 2009.  If issued, the U.S. pending patent application for prulifloxacin would expire in 2023 and may cover processes for producing a drug-form of prulifloxacin.  Absent additional patent protection we intend to rely on a five-year marketing exclusivity period for prulifloxacin that may be afforded to us under the Hatch-Waxman Act.  The remainder of our patents and patent applications, and licensed patents and patent applications, relate to our other products and technology, and expire between 2015 and 2023.

 

Intellectual Property



 



The proprietary nature
of, and protection for, our products, product candidates, processes and
know-how are important to our business. 
We seek patent protection in the United States and internationally for
our product candidates and other technology where available and when
appropriate.  Our policy is to patent or
in-license the technology, inventions and improvements that we consider
important to the development of our business. 
In addition, we use license agreements to selectively convey to others
rights to our own intellectual property. 
We also rely on trade secrets, know-how and continuing innovation to
develop and maintain our competitive position. 
We cannot be sure that patents will be granted with respect to any of
our pending patent applications or with respect to any patent applications
filed by us in the future, nor can we be sure that any of our existing patents
or any patents that may be granted to us in the future will be commercially
useful in protecting our technology.  For
this and more comprehensive risks related to our intellectual property, please
see “Risk Factors — Risks Related to Our Intellectual Property.”



 



We have established and
continue to build proprietary positions for our pipeline product candidates and
technology in the United States and abroad. 
We have built a portfolio of more than 80 patents and patent
applications that we either own or have licensed around our key products and
technologies.  As of February 28,
2009, this portfolio included 5 issued U.S. patents and 16 pending U.S. patent
applications.  Foreign counterparts to
these included 12 issued patents and 52 pending patent applications.



 



For our lead product
candidate fidaxomicin, we have one issued patent, one allowed patent and six
U.S. pending patent applications, and one issued patent and 34 pending foreign
counterparts in Australia, Canada, China, Europe, Japan, South Korea, India,
Taiwan, Mexico and Brazil.  If issued,
these fidaxomicin related patent applications may cover the composition of
matter, the specific crystalline polymorph forms, specific methods for
manufacturing, methods of using and pharmaceutical formulations containing the
various components.  If issued, these patent
applications would expire between 2023 and 2027.  For our other product candidate
prulifloxacin, we have licensed one issued U.S. patent and one pending U.S.
patent application from Nippon Shinyaku. 
The U.S. patent, covers the compound prulifloxacin, however, this patent
expired in February 2009.  If
issued, the U.S. pending patent application for prulifloxacin would expire in
2023 and may cover processes for producing a drug-form of prulifloxacin.  Absent additional patent protection we intend
to rely on a five-year marketing exclusivity period for prulifloxacin that may
be afforded to us under the Hatch-Waxman Act. 
The remainder of our patents and patent applications, and licensed
patents and patent applications, relate to our other products and technology,
and expire between 2015 and 2023.



 



These excerpts taken from the OPTR 10-K filed Mar 26, 2008.

Intellectual Property

 

The proprietary nature of, and protection for, our products, product candidates, processes and know-how are important to our business.  We seek patent protection in the United States and internationally for our product candidates and other technology where available and when appropriate.  Our policy is to patent or in-license the technology, inventions and improvements that we consider important to the development of our business.  In addition, we use license agreements to selectively convey to others rights to our own intellectual property.  We also rely on trade secrets, know-how and continuing innovation to develop and maintain our competitive position.  We cannot be sure that patents will be granted with respect to

 

19



 

any of our pending patent applications or with respect to any patent applications filed by us in the future, nor can we be sure that any of our existing patents or any patents that may be granted to us in the future will be commercially useful in protecting our technology.  For this and more comprehensive risks related to our intellectual property, please see “Risk Factors — Risks Related to Our Intellectual Property.”

 

We have established and continue to build proprietary positions for our pipeline product candidates and technology in the United States and abroad.  We have built a portfolio of more than 90 patents and patent applications that we either own or have licensed around our key products and technologies.  As of March 10, 2008, this portfolio included 14 issued U.S. patents and 13 pending U.S. patent applications.  Foreign counterparts to these included 11 issued patents and 53 pending patent applications.

 

For our lead product candidate OPT-80, we have one pending patent cooperation treaty, or PCT, patent application and seven U.S. pending patent applications, and 22 pending foreign counterparts in Australia, Canada, China, Europe, Japan, South Korea, India, Taiwan, Mexico and Brazil.  If issued, these OPT-80 related patent applications may cover the composition of matter, the specific crystalline polymorph forms, specific methods for manufacturing, methods of using and pharmaceutical formulations containing the various components.  If issued, these patent applications would expire between 2023 and 2027.  For our other product candidate Prulifloxacin, we have licensed one issued U.S. patent and one pending U.S. patent application from Nippon Shinyaku.  The U.S. patent, which expires in 2009, covers the compound Prulifloxacin.  If issued, the U.S. pending patent application for Prulifloxacin would expire in 2023 and may cover processes for producing a drug-form of Prulifloxacin.  The remainder of our patents and patent applications, and licensed patents and patent applications, relate to our other products and technology, and expire between 2015 and 2023.

 

Intellectual Property



 



The proprietary nature of, and protection for, our
products, product candidates, processes and know-how are important to our
business.  We seek patent protection in
the United States and internationally for our product candidates and other
technology where available and when appropriate.  Our policy is to patent or in-license the
technology, inventions and improvements that we consider important to the
development of our business.  In
addition, we use license agreements to selectively convey to others rights to
our own intellectual property.  We also
rely on trade secrets, know-how and continuing innovation to develop and
maintain our competitive position.  We
cannot be sure that patents will be granted with respect to



 



19
















 



any of our pending patent applications or with respect
to any patent applications filed by us in the future, nor can we be sure that
any of our existing patents or any patents that may be granted to us in the
future will be commercially useful in protecting our technology.  For this and more comprehensive risks related
to our intellectual property, please see “Risk Factors — Risks Related to Our
Intellectual Property.”



 



We have established and continue to build proprietary
positions for our pipeline product candidates and technology in the United
States and abroad.  We have built a
portfolio of more than 90 patents and patent applications that we either own or
have licensed around our key products and technologies.  As of March 10, 2008, this portfolio
included 14 issued U.S. patents and 13 pending U.S. patent applications.  Foreign counterparts to these included 11
issued patents and 53 pending patent applications.



 



For our lead product candidate OPT-80, we have one
pending patent cooperation treaty, or PCT, patent application and seven U.S.
pending patent applications, and 22 pending foreign counterparts in Australia,
Canada, China, Europe, Japan, South Korea, India, Taiwan, Mexico and
Brazil.  If issued, these OPT-80 related
patent applications may cover the composition of matter, the specific
crystalline polymorph forms, specific methods for manufacturing, methods of
using and pharmaceutical formulations containing the various components.  If issued, these patent applications would
expire between 2023 and 2027.  For our
other product candidate Prulifloxacin, we have licensed one issued U.S. patent
and one pending U.S. patent application from Nippon Shinyaku.  The U.S. patent, which expires in 2009,
covers the compound Prulifloxacin.  If
issued, the U.S. pending patent application for Prulifloxacin would expire in
2023 and may cover processes for producing a drug-form of Prulifloxacin.  The remainder of our patents and patent
applications, and licensed patents and patent applications, relate to our other
products and technology, and expire between 2015 and 2023.



 



This excerpt taken from the OPTR 10-K filed Mar 30, 2007.

Intellectual Property

The proprietary nature of, and protection for, our products, product candidates, processes and know-how are important to our business.  We seek patent protection in the United States and internationally for our product candidates and other technology where available and when appropriate.  Our policy is to patent or in-license the technology, inventions and improvements that we consider important to the development of our business.  In addition, we use license agreements to selectively convey to others rights to our own intellectual property.  We also rely on trade secrets, know-how and continuing

24




innovation to develop and maintain our competitive position.  We cannot be sure that patents will be granted with respect to any of our pending patent applications or with respect to any patent applications filed by us in the future, nor can we be sure that any of our existing patents or any patents that may be granted to us in the future will be commercially useful in protecting our technology.  For this and more comprehensive risks related to our intellectual property, please see “Risk Factors — Risks Related to Our Intellectual Property.”

We have established and continue to build proprietary positions for our pipeline product candidates and technology in the United States and abroad.  We have built a portfolio of more than 81 patents and patent applications that we either own or have licensed around our key products and technologies.  As of March 15, 2007, this portfolio included 14 issued U.S. patents and 14 pending U.S. patent applications.  Foreign counterparts to these included 11 issued patents and 47 pending patent applications.

For our lead product candidate Difimicin, we have two pending patent cooperation treaty, or PCT, patent applications and four U.S. pending patent applications, and thirteen pending foreign counterparts in Australia, Canada, China, Europe, Japan, South Korea, India, Taiwan, Mexico and Brazil.  If issued, these patent applications may cover specific methods for manufacturing Difimicin, methods of using Difimicin and pharmaceutical formulations containing the various components of Difimicin.  If issued, these patent applications would expire between 2023 and 2027.  For our other product candidate Prulifloxacin, we have licensed one issued U.S. patent and one pending U.S. patent application from Nippon Shinyaku.  The U.S. patent, which expires in 2009, covers the compound Prulifloxacin.  If issued, the U.S. pending patent application for Prulifloxacin would expire in 2023 and may cover processes for producing a form of Prulifloxacin.  The remainder of our patents and patent applications, and licensed patents and patent applications, relate to our other products and technology, and expire between 2015 and 2023.

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