In article <rhubner-43B4E6.21141910121999 at news.uia.ac.be>, Roland Hübner
<rhubner at gins.uia.ac.be> writes
> Thusly, people can make, use and sell thermophilic pols now in US and
>countries without a running patent, but EC customers will have to
>continue (5?) more years under the granted monopoly and pay pol tax...
US customers buying licensed Taq will probably still have to pay
royalties in the pricing structure.
The problem is that the use of such pols. in PCR applications then
infringes the separate PCR process patent. Livcensed Taq gives you
rights to use the PCR process in research. Roche says the case only
covers non-recombinant Taq, Promega's attorney in a US article I've seen
says it does. I am waiting to see the 60 page or so judgement rather
than what the combatants have to say in press releases.
Are other patents going to fall like a pack of cards. Who know's? Each
will have to be separately challenged (if there is a case) and that
takes money. Then there is appeals by Roche. My guess is that it will
drag on for another few years.
I am a licensee. I really don't know what the long term prognosis is. I
would prefer much, much lower royalty rates but can't see it ever
happening.
Duncan
--
The problem with being on the cutting edge is that you occasionally get
sliced from time to time....
Duncan Clark
DNAmp Ltd.
Tel: +44(0)1252376288
FAX: +44(0)8701640382
http://www.dnamp.comhttp://www.genesys.demon.co.uk
