NEW HAVEN, Conn., March 3, 2016 /PRNewswire/ -- Lucerne Biosciences, LLC announced today that it entered into a marketing agreement with Delaware-formed APS Holding, LLC last week while also commencing business in Connecticut with its principal company location now in New Haven. According to the terms of the agreement, APS Holding will globally market "The Patent '813 Story" to support Lucerne Biosciences' contractual obligations involving U.S. Patent 8,318,813 ("the '813 Patent") whose thirteen claims were cancelled by the U.S. Patent Trial & Appeal Board ("PTAB") on June 4, 2015 when the company chose not to comply with the PTAB's Orders (29, 30 and 32), two of which (29, 30) remarkably inaccurately represented the '813 Patent's legally-bound owner (Orders available below). The '813 Patent claimed methods for the FDA-approved treatment of Binge Eating Disorder, based on DSM-IV-TR criteria, with Shire's ADHD drug Vyvanse® (lisdexamfetamine dimesylate). "The Patent '813 Story" is a unique "composite behavioral profile" designed to make the motivational dynamics of its participants' behavior obvious to its reader, including even by profiling "response behavior" to its own public distribution through press releases. The profile's development has been the result of a multi-party collaboration that includes a psychiatrist, formerly affiliated with an Ivy League institution, and is comprised of a "Part I" and "Part II."
The PTAB's invalidation of the '813 Patent resulted from an Inter Partes Review (IPR) petition initiated by Shire Development LLC on May 9, 2014. Shire's IPR petition argued the patent was invalid because, according to Shire's eating disorder expert Dr. Timothy Brewerton, its thirteen claims would have been "obvious" at the time of its invention on September 13, 2007. "The Patent '813 Story, Part II" provides the diametrically opposite perspective, namely, that its claims couldn't have been any more "non-obvious" and provides an extensively documented "composite behavioral profile" to explain the discrepancy which includes behavioral profiling of, among others, Shire's CEO Dr. Flemming Ornskov, Shire's IPR eating disorder expert Dr. Timothy Brewerton and even the PTAB itself. A souring investigation into Shire's IPR behavior conducted by Lucerne Biosciences, first made public through a company press release on January 11, 2016 in the format of a 1645-page email letter to Dr. Brewerton titled "Are You Ready for the Imminent Confluence of Networks (Final Resolution)?," provides additional context on the composite profile.
The value proposition of "The Patent '813 Story," as determined by Lucerne Biosciences and characterized in "Part II" for its broad scope and implications, is currently at $7-10 Billion. However, considerably higher values are possible depending on various factors involving its marketing platform. "The Patent '813 Story" was turned over by its collaborators to APS Holding based on its "composite behavioral profile" reaching certain profiling milestones that required its marketing, at a yet-to-be-announced website, be handled by an independent third-party to avoid conflicts of interest among its collaborators.
Additional Information/Related References
"The Patent '813 Story, Part II" (updated March 2, 2016 at 8 pm EST) available at: https://app.box.com/s/fwaa7j2t4t862mm51zhu7j8u11hshv4e or at: http://www.4shared.com/download/zzfUssSjce/The_Patent_813_Story_Part_II_-.pdf?sbsr=747a0b66d4695df671069d53f078c421969&lgfp=3000
Lucerne Biosciences Completes Sourcing Investigation into Shire's IPR that Led to the Invalidation of the '813 Patent; Begins Accelerated Multi-Party Public Expansion Phase of its Counter-Intelligence Technology (January 11, 2016) at: http://www.prnewswire.com/news-releases/lucerne-biosciences-completes-sourcing-investigation-into-shires-ipr-that-led-to-the-invalidation-of-the-813-patent-begins-accelerated-multi-party-public-expansion-phase-of-its-counter-intelligence-technology-300202785.html or in PDF at: https://app.box.com/s/wlspsobqpnubruhegqvhfjjrxvfvd6n0
PTAB Orders - "Order 29" at: https://app.box.com/s/lt5wrhluou9r8kz9u2m0fwifhl3nsk6b; "Order 30" at: https://app.box.com/s/gtbyafq8qg4ocqg9vg1zqqlgeipygimk; "Order 32" at: https://app.box.com/s/dxznmigsmh4e8hj7oh3kja56aassp64o
Louis Sanfilippo, Public Manager
Lucerne Biosciences, LLC
SOURCE Lucerne Biosciences, LLC