Biomarin’s campaign to block Ascendis from importing its new TransCon CNP drug is getting into the thick of it.  The Markman hearing is scheduled for February, and the evidentiary hearing is scheduled for late April.  In a prior post, I discussed the upcoming Markman hearing, which both parties are likely to rely upon to tee up arguments on infringement and invalidity.  Yet, even if Ascendis fails to prove that it does not infringe the patent, and also fails to invalidate the patent, there are two additional defenses that Ascendis could rely upon—public interest and intervening rights.  What are these defenses, and how strong are they?