"If my patent is nothing to worry about, then why has Repros asked the U.S. patent office to re-examine my patent twice and lost both times," Fisch asks. "And why does Repros warn investors in its SEC filings that the company is potentially in violation of my patent?"
Fisch's clomiphene patent has withstood two challenges, including an appeal before a federal judge. But Wall Street has generally sided with Repros in the ongoing patent dispute, believing the company will eventually reach a financial settlement with Fisch. The doctor will be paid and he'll go away, is the operating assumption made by many investors.
"They're wrong," says Fisch. "They figured I wouldn't last this long, but this is personal for me. I plan on winning in the way I want to win and that will include an apology."
"Harry is going to sue us. I guarantee that, but our lawyers believe we have freedom to operate with our patent," says Podolski."I don't care what he believes," says Fisch of Podolski. "We're not talking theology here." And what is Fisch's next step? He won't say exactly but he did offer a clue. "Joe wouldn't have come up with the idea for Androxal without having met me... He has a very weak patent. There's a 90% likelihood that the Repros patent will be challenged and will not survive. My patent, however, will survive." -- Reported by Adam Feuerstein in Boston. Follow Adam Feuerstein on Twitter.