Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

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Message: German Patent Question

German Patent Question

posted on Feb 10, 2009 09:29AM

I can't say that I've done the research to try an answer this question myself, but I was hoping someone here has, and if so, would be willing to answer my question.



Considering we hvae been through a few rounds with the USPTO, and that has resulted in some non-final actions that have rejected certain claims at this point, anyway, it seems the USPTO has questions about these patents that we still need to battle. However, with respect to the German action, it seems to suggest from the PR that the German action to uphold the patent covers the one application that was broken into 7 different US Patents, but seems to remain as 1 European and German patent. The PR doesn't mention any qualified or reworked claims along the lines of what the USPTO is doing. With that in mind, it seems that in Europe, the MMP remains intact, and unmodified.



Therefore, my questions are:

Is this correct? If so, intuitively, that seems to be a MAJOR accomplishment in my mind. Am I on base?

Is there a legal avenue to pursue licensing/infringement in Europe, independent of the US?

Is it likely that there can be different levels of the enforcibility of the patents depending on where the "infringer" is selling products, ie. US, Europe, Asia, etc.?



I do share emtnester's view that it is unsettling that there was no prior disclosure of the fact that this German reveiw was ongoing. Seems that this should have appeared in the risks/litigation sections of the SEC filings. For me, this type of secrecy raises serious red flags, as it seems to skirt the edges, if not purposefully overstep the disclosure requirements of the SEC. I will probably ask for an explanation from PTSC at some point on this, and if so, will share with the board.

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