SOURCE: Cutting Edge Information

June 17, 2008 07:28 ET

53% of Companies Wait Until 2 Years or Less Remain on Patent Life to Implement Litigation Strategy

RESEARCH TRIANGLE PARK, NC--(Marketwire - June 17, 2008) - A new study developed by market intelligence firm Cutting Edge Information reveals that the majority of pharmaceutical companies are waiting until their patents on drugs are nearly run out before they start to work on patent litigation strategies (http://www.PharmaGenerics.com).

One explanation is that companies wait to use patent litigation in order to protect their compounds as a last resort because media coverage of litigation battles often reflects negatively on the company. Another reason that most companies wait so long is that the legal precedent has been set -- patent litigation is a relatively quick process, and companies can afford to give themselves only a few months of time to do so.

While the majority of companies do wait to use litigation to protect their compounds, about 33% of companies reported to looking into litigation as a strategy while two to four years remain on the patent. Another 13% of companies began looking into litigation to protect their drugs while four to six years remained on the patent.

Cutting Edge Information's survey data outlines the ways in which companies combat generics. "Patent litigation has long been a part of the way the pharmaceutical companies protect their property," says research team leader Eric Bolesh. "What we found interesting were the different timeframes that organizations use when implementing their patent protection plans."

Cutting Edge Information's report, "Combating Generics 2008: Counter Generics Strategy, Planning and Execution," available at http://www.PharmaGenerics.com, details the present and planned future usage of a dozen generics strategies and examines other counter-generics activity at more than 30 different companies. Data detail investment levels, planning and implementation timelines and the prominence of different tools and tactics in the fight against generics. The report's findings also explore case studies and the experiences of real-world brand teams.

Download a free summary of this 159-page report at: http://www.cuttingedgeinfo.com/pharmagenerics/PH105_Download.asp#body.

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