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奥美沙坦酯是否涉及专利侵权引争论
中财网
　　一款名为“奥美沙坦酯”的抗高血压药物还没在国内市场露面，就先引发了一场中日药企间的专利官司。日前，上海三共制药有限公司和日本三共株式会社将北京万生药业有限责任公司告上法庭，诉其对自己研制的“奥美沙坦酯”专利侵权。但由于两家企业目前都还没有获得该药品的生产许可，因此这一案例也成为专利纠纷中出现的一个新动向,引发了业界人士的争论。
　　中日合资的上海三共制药代理律师杨宏军称，万生药业目前正在国家食品药品监督管理局申请“奥美沙坦酯”的生产许可，但其有关该药的制造方法已落入了“三共”拥有的发明专利保护范围。根据《药品注册管理办法》规定“新药申请所需的连续3个生产批号的样品”，可以认定万生药业在申请生产许可的过程中必然生产了一定数量的“奥美沙坦酯”片，因此请求法院判令万生药业停止侵权并赔偿损失。而被告北京万生药业方面则表示，万生药业制备该药的方法、路径和晶型与原告不同，因此不涉及专利侵权。
　　对此，知识产权专家指出，新药开发需要企业投入大量的人力物力，一种新药从开发到上市通常需要10年以上的时间，同时伴随着极大的风险，成功率一般不到0.1%。根据我国《药品注册管理办法》，此案中被告尚未取得生产审批，其用作申请的“奥美沙坦酯”样品是不能销售的。因此，三共制药此时提出诉讼，最大的可能就是导致万生药业在申请“奥美沙坦酯”生产上受阻。以往，药品一般都是进入生产销售后才引发专利纠纷，现在如此提前，更加凸显专利保护对于保护药品研发者的利益和持续创新的重要性，也表明企业在对待知识产权问题上趋于成熟。
　　目前，北京市第二中级人民法院已正式受理此案。按照法律程序，类似案件一般要经过证据交换、开庭审理等过程，到一审判决结果出来约需耗时一年 氨氯地平
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BEHIND THE ECLIPSE: "HEROES" EPISODES 1-5


While the new American television season has been filled with many disappointing debuts, one of the few big success stories to come from the 2006/2007 television season is the NBC series "Heroes." Created by Tim Kring ("Crossing Jordan"), the show which follows a handful of people who suddenly display extraordinary powers is one of the few bright spots on the fall schedule this season. The complex back story and mythology of "Heroes" coupled with a large ensemble cast has struck a cord with audiences, even comic fans - some of the hardest to please fans there are.
For the remainder of the season, CBR News will bring you a weekly question and answer session with Joe Pokaski and Aron Coleite, members of the "Heroes" writing staff. Each Monday we'll ask them the tough questions and try to extract some hints as to what's to come next - as you might expect, the mystery is key with a show like "Heroes," but we'll do our best to hold the guys to the fire and get them to reveal some secrets.

Our first Q&A covers details from the first four episodes as well as some teasers for tonight's fifth episode. "Heroes" is seen Monday nights at 9:00 PM on NBC.

The following questions were contributed by CBR Executive Producer Jonah Weiland and CBR Staff W



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Bike helmets are mandatory but only part of the safe operation of a bicycle.


As an avid cyclist in Hamilton and Ancaster, I took great interest in the tragic deaths of the two young cyclists in two incidents.

However, these deaths were not just due to lack of helmet wear. There were many factors involved, including dangerous behaviour on the part of the victims and response from the drivers.

Helmets are a good idea on a bicycle, however, they do not protect against negligent drivers or dangerous behaviour from cyclists.

Research in Canada and the U.K. indicates helmets have actually been shown to have very little effect on cycling deaths. Currently, it is in fashion in Ancaster to allow small children to ride bikes unsupervised in busy streets, with two plastic safety cones, wearing helmets, yet without a supervising parent in sight.

Cycling is an enjoyable, healthy sport for all ages, but awareness of cyclists among drivers is very poor in Hamilton and some off-road cycling activities do not belong on the road. It will take awareness from both sides to reduce the incidents of cycling related deaths and injuries.



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City 'pedals' bike helmets



BY PETER KADUSHIN and PETE DONOHUE
DAILY NEWS WRITERS

The city is going to hand out free bicycle helmets - and you'd better wear one.
Officials also are looking into a possible law to make helmets mandatory as the city aims to reduce deaths and injuries on its streets, according to a report released yesterday.

State law now requires kids under 14 to wear protective headgear while pedaling. Lax parents may get $50 tickets if their charges are spotted violating the law.

The city will "explore the utility of legislation as a means to increase helmet use," according to the report put forth by four city departments: transportation, parks, health and police.

Nearly all the cyclists who have died in accidents over the past 10 years - 97% - weren't wearing helmets, according to the report.

A spokesman for Department of Transportation Commissioner Irish Weinshall couldn't immediately say yesterday how many free helmets the city plans to distribute.

The city's leading advocacy group for bicyclists said the Bloomberg administration would be making a wrong turn if it sought legislative permission to crack down on helmet-less riders.

As the number of cyclists increases, the less dangerous it becomes because drivers become more aware of having to share the road with two-wheeled travelers, Transportation Alternatives said. Mandating helmets would discourage some people from riding, the group argued.

"Everything the city does to encourage cycling makes bike riding safer, and anything the city does to discourage cycling and make it less convenient will make riding more dangerous," said Noah Budnick, Transportation Alternatives' deputy director of advocacy.

Advocates and cyclists, meanwhile, cheered the Transportation Department's vow to create 200 more miles of onstreet bike lanes and routes over the next three years.

Just one of the 225 bicyclists killed in collisions between 1996 and 2005 occurred in a bike lane, according to the report.

The city now has 216 miles of bicycle paths, striped lanes and signed routes.

Doubling that will complete the backbone of the city's planned bicycle network linking the five boroughs, Weinshall said.

"Our goal is to reduce traffic by getting more people biking, but biking safely," Weinshall said.





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Editor's Pick
Donate, get a coupon
John Ewoldt, Star Tribune
Last update: September 13, 2006 – 3:23 PM
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John Ewoldt
Editor's Pick

Gutter talk

Word of mouth: Savings at Bibelot, General Store

Editor's Pick

Checkbook check-rates five local roofers
Donate, get a coupon
Donate soft items such as clothing or bed linens at all Minnesota Herberger's stores today through Sept. 25, and receive one coupon per item good for 20 percent off any item. Exceptions are electronics, furniture, luggage, mattresses, rugs, small electronics, Tech Trek and Sharper Image, which get a 10 or 15 percent discount. The coupons may be used through Sept. 25 on cosmetics, perfumes, Coach and Hilfiger, but not on yellow dot clearance, bonus buys or Incredible Values items. Donated items benefit Goodwill/Easter Seals programs in Minnesota. For store locations, go to www.herbergers.com.

Nordstrom Rack suit sale

The Nordstrom outlet, a k a Rack (Mall of America, third floor, 952-854-3131) gets men's suits and sport coats from its department stores only twice a year, February and now. The sale starts today and includes about 350 units, including some extended sizes.

The Cities' biggest sample sale

Find discounted fall and winter clothing before the department stores start their markdowns. David Rosenberg's sample sale is one of the Twin Cities' largest, specializing in moderately priced clothing for women, kids and men (famous-name golfwear). Most items sell for under $30 (regularly up to $120), but the $3 and $5 racks offer the best deals. Hours are 9 a.m. to 8 p.m. today and Friday and 9 a.m. to 6 p.m. Saturday at the Golden Valley Shopping Center, 7924 Olson Memorial Hwy., Golden Valley, 612-343-3221.

Garage sale season winds down with a big one

The Minnehaha Academy Arena Sale will be 9 a.m. to 7 p.m. Friday ($2 admission until 2 p.m.) and 9 a.m. to 3 p.m. Saturday at 4200 W. River Pkwy., Minneapolis, 612-728-7721. One featured item this year: about 20 new base cabinets for $30 or less (no top), new sinks and new camping equipment in addition to used clothing, shoes, handbags, furniture, housewares, books, electronics, linens, toys, jewelry and sporting goods.

Pre-season ski sale

Several sales are converging to make this an excellent time to visit Hoigaard's (3550 S. Hwy. 100, St. Louis Park, 952-929-1351) before its move to Miracle Mile Shopping Center in October. The annual tent sale that starts at 4 p.m. today through Sunday includes downhill skis, snowboards, cross-country skis and equipment. Last year's items will be discounted 60 percent. New merchandise will be discounted 20 to 25 percent. Inside the store, a clearance sale is in progress with canoes, tents, camping equipment, bikes, patio furniture, summer clothes and shoes. Starting Monday, final markdowns will be taken on clearance before the store closes Oct. 1.





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Fredericksburg Makes Water Deal With Golf Course


Fredericksburg leaders have cut a deal with a golf course development to keep its greens growing. Wednesday, the developments started pumping up to half a million gallons of untreated water daily.

The city could make as much as a $500 a day for the 60-day contract, but some think it's a bad idea for such a precious resource.

This multi-million dollar exclusive Golf resort has big plans, but dry conditions threaten an $8 million investment in its greens. The City of Fredericksburg struck a temporary water deal with developers to help.

"They can buy it from us, draw it, pay us rather than drilling their own wells and using more surface water," Fredericksburg Mayor Jeryl Hoover said.

The Boot Ranch Development has faced controversy over the deal with the City of Fredericksburg. Some think the city should be more cautious about plans for its water.

"It's the hot of the summer. The question is how much water is going to impact that water table. No one really knows right now," businessman Cord Switzer said.

The water would come from the Hickory Aquifer -- a back-up to the city's main water source, the Ellenburger Aquifer.

"We've selected about 13 wells in and around Boot Ranch that we're going to be monitoring the water levels while they're pumping from the city wells," Paul Tybor with the Hill Country Underground Water District said.

Should the aquifer reach critical levels, the city has the option to stop supplying the water. Despite current mandatory rationing, city officials believe they have a water-tight deal.

"Water should be used primarily for human use and agricultural use and afterwards recreational. We did an inventory of water sources for Fredericksburg. We found no jeopardy at this time," Hoover said.

Boot Ranch will strike a similar deal with Fredericksburg for the next two years at a higher cost. Developers are trying to eventually buy treated wastewater from the city for a more permanent watering source for its golf course.


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Why Bike Prices Are Shifting Higher
By Paul Glader
Word Count: 1,089  |  Companies Featured in This Article: Allegheny Technologies, RTI International Metals, Titanium Metals, Boeing, Lockheed Martin, Wal-Mart Stores
Cycling enthusiasts can expect to see prices head uphill for bikes made of in-demand specialty materials such as titanium and carbon fiber.
Driving the increase is a sharp rise in orders for airplanes made of the same materials, meaning that bike makers -- along with makers of sailboats, lacrosse sticks, tennis rackets, jewelry and bone screws -- are paying 25% more for raw materials and passing along some of the costs to consumers.