This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Repros Worried About Validity of its Androxal Patent

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 [testosterone] deficiency in men. Repros' Androxal is an isomer of clomiphene. The company's U.S. patent covering Androxal was granted after Fisch's patent.

Monday's action by Repros appears to be the company playing defense, hoping a U.S. court will declare its Androxal patent valid. But why take this extra-ordinary legal action unless there was some real concern and risk that Repros' patent could be declared invalid?

Repros has long said it wants to license Androxal to a large drug company for commercial marketing, but again, Monday's action suggests the company is having trouble with partnering negotiations. It's likely most potential Big Pharma partners don't want to go anywhere near Androxal with the drug's patent protection in dispute.

Fisch might also respond to Repros' legal action by seeking to convince the court not to affirm the company's Androxal patent. Fisch could also go one step further and seek a court ruling declaring himself co-author of the Repros Androxal patent (on the grounds that the company stole his idea.)

In other words, Repros would have to establish Fisch as co-owner of the Androxal patent and all the economics that flow from it. Clearly, this would be a disastrous turn of events for Repros.
1 of 2

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free
RPRX $0.81 0.00%
AAPL $94.27 0.00%
FB $101.00 0.00%
GOOG $684.12 0.00%
TSLA $151.26 5.30%


Chart of I:DJI
DOW 15,914.74 -99.64 -0.62%
S&P 500 1,851.86 -0.35 -0.02%
NASDAQ 4,283.5920 +14.8290 0.35%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs