Rick, I don't know if you've seen this... a PFE statement on the research patent action against SIBIA. This tells me that they just don't think it's right to have to pay future royalties, and prior art is not the issue? A giant paradigm shift for tool makers? Look out INCY?
- Originally issued mid-May 1999:
PFE has asked the U.S. District court in Delaware to rule that two patents held by SIBI are invalid and unenforceable, and that PFE has not infringed the patents.
The action was filed by PFE in anticipation of a patent-infringement suit by SIBI. PFE is seeking a declaratory judgement from the court to the effect that PFE has not infringed the patents, that the patents are invalid and that SIBI is misusing its patents.
"The patenting of research tools raises serious issues for the future of innovation" said Paul S. Miller, senior vice president and general counsel of PFE. "To the extent that such patents are appropriately granted, we are prepared to pay reasonable and customary fees for the use of such tools, but not the royalties or fees that extend beyond either the scope of the patented claims or term of the patent, such as sought by SIBI."
The research tools for which the patents were granted are used in screening chemical compounds to determine if they show biological activity. If so, compounds which show activity might be useful in the development process leading toward new therapeutic approaches for a particular condidtion. SIBI has indicated that it believes PFE would owe a royalty for any drug which results from any research where screening tools covered by SIBI patents are involved i the preliminary screening process of the research and development program, even though neither the drug nor the method for making the drug is covered by the terms of the patent.
"We believe such tools should be made freely available on reasonable terms", said Mr. Miller. "We have done exactly that by taking a role in the SNP Consortium, announced just last month, that will work to map key portions of the human genome and make the findings freely available to all researchers. The SIBI postions wold place unreasonable burdens on the research process."
PFE is a research........... snip
DAK |
