THE WOODLANDS, Tex. ( TheStreet) -- Repros Therapeutics (RPRX) CEO Joe Podolski likes to assure investors the company's testosterone-boosting pill Androxal is backed by strong patent protection. But Repros' action to affirm the Androxal patent in a Texas court suggests the company is actually much more worried than it lets on about the risk its Androxal patent is invalidated.
Monday, Repros said it filed an action in federal court, "seeking a declaratory judgment affirming Repros' intellectual property rights relating to its Androxal technology. This action is being taken to address issues alleged by a third party relating to the Repros issued patents claiming the use of the pure trans isomer of the drug clomiphene citrate."
That last sentence is key. That "third party" referred to by Repros is Dr. Harry Fisch, a New York urologist who accuses Podolski of stealing the idea for Androxal from him after a face-to-face meeting in New York City. Podolski denies Fisch's theft charge, but Repros began developing Androxal after the meeting between the two men.
Fisch has his own U.S. patent, awarded in 2001, covering the use of clomiphene to treat androgen
Check Out Our Best Services for Investors
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts