so, a generic patent for ns1 gene swine flu's with certain characteristics, flues that were around back then. Its not a patent for the h1n1 specifically, let alone this exact version of the h1n1. Those were swine flus that were already active in the swine community, so a vaccine for them makes sense. Ounce of prevention, liter of cure, as it were.
On Mon, Nov 9, 2009 at 11:25 AM, Terry Blanton <[email protected]> wrote: > ------------------------------ > *United States Patent Application* *20090010962 * *Kind Code* *A1 * *Palese; > Peter ; et al.* *January 8, 2009 * > ------------------------------ > Genetically Engineered Swine Influenza Virus and Uses Thereof > > *Abstract* > > The present invention relates, in general, to attenuated swine influenza > viruses having an impaired ability to antagonize the cellular interferon > (IFN) response, and the use of such attenuated viruses in vaccine and > pharmaceutical formulations. In particular, the invention relates to > attenuated swine influenza viruses having modifications to a swine NS1 gene > that diminish or eliminate the ability of the NS1 gene product to antagonize > the cellular IFN response. These viruses replicate in vivo, but demonstrate > decreased replication, virulence and increased attenuation, and therefore > are well suited for use in live virus vaccines, and pharmaceutical > formulations. > ------------------------------ > Inventors: *Palese; Peter*; *(Leonia, NJ)* *; Garcia-Sastre; Adolfo*; *(New > York, NY)* *; Webby; Richard J.*; *(Memphis, TN)* *; Richt; Juergen A.*; > *(Ames, > IA)* *; Webster; Robert G.*; *(Memphis, TN)* *; Lager; Kelly M.*; *(Colo, > IA)* Correspondence Name and Address: * > > JONES DAY > 222 EAST 41ST ST > NEW YORK > NY > 10017 > US > > * Assignee Name and Adress: *MOUNT SINAI SCHOOL OF MEDICINE OF NEW YORK > UNIVERSITY* > *New York* > *NY* > > *ST. JUDE CHILDREN'S RESEARCH HOSPITAL* > *Memphis* > *TN* > > *THE UNITED STATED OF AMERICA AS REPRESENTED BY THE SECRETARY OF > AGRICULTURE* > *Washington* > *DC* > > Serial No.: *628292* Series Code: *11 * Filed: *June 1, 2005* PCT Filed: > *June 1, 2005* PCT NO: *PCT/US2005/019382* 371 Date: *February 6, 2008*

