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Biotech / Medical : Biotechnology: The Patenting of DNA

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To: nigel bates who wrote (18)6/28/1999 6:43:00 PM
From: Pseudo Biologist  Read Replies (1) of 37
 
Yes, but (again, I do not know the specifics for SIBI-PFE, so the stuff below should be taking as generic) often patents are filed secretly and/or the situation on who owns what remains unclear for quite a while. (In)Famous instances of this include the Xoma-Centocor patent wars, the Cetus-DuPont dispute on PCR, many fights on antibody expression involving Genentech and Celltech, etc. For example, note how Immunex proceeded with development of Enbrel without a license for "immunoadhesins," of which Enbrel is an example (Genentech owns the technology.) Just recently, after a year or so in the market, the two companies came to agreeable terms. Ditto for Xoma and INCY on BPI with a deal signed with BPI well along in phase II or III. Watch for Biogen and IDEC to sort out their CD40 ligand "situation," each company with active clinical programs with their respective molecules. The list goes on.

Actually, I'd say it's not that exceptional for biotechs and pharmas to proceed with drug development before the whole intellectual property issues get sorted out; this may be happen even more frequently with "tools," but that's just my limited impression. If things worked as you envision we would need a lot fewer lawyers!

The above is mute if you "knowingly" use (steal?) the tool without a license.

PB
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