Abbott sues Boston hospital over cancer treatment
BOSTON, May 31 (Reuters) - Drug making firm Abbott Laboratories Inc (NYSE:ABT - news) has sued Boston's Children's Hospital and one of its top cancer researchers claiming that they falsely took credit for a medical development in treating malignant tumours, the Boston Globe reported on Wednesday.
The case relates to developing therapies that seek to shrink and kill tumours by cutting off their blood supply.
Abbott filed suit in U.S. District Court in Boston and claims that Dr. Judah Folkman and his team of doctors ``fraudulently'' told U.S. patent reviewers that he discovered tumour-inhibiting properties in a protein known by scientists as Kringle 5.
Abbott says that one of its scientists actually made the breakthrough and that the company rightfully owns the patent. The Illinois-based drug company also says that Folkman took the Abbott's research and, in violation of a confidentiality agreement, tried to profit from it without Abbott's knowledge.
The suit does not affect any of the clinical trials of tumour-starving drugs, called angiogenesis inhibitors, going on at hospitals around the country.
Folkman was quoted by the Globe as saying that he had no personal stake in the outcome of the suit.
``This dispute comes down to Children's Hospital wanting to protect its patent rights and Abbott wanting to avoid paying any royalties,'' he told the newspaper.
"I have no personal interest in this matter and hope that Kringle 5 continues to test well and progresses from the laboratory to further stages of development so that it can eventually benefit patients,' he said.
Abbott is seeking transfer of the patent, $10 million in punitive damages and compensation for any other losses stemming from the alleged fraud.
The company also wants licensing rights for any drug that results from the discovery. Currently, those rights belong to EntreMed Inc. (NasdaqNM:ENMD - news), a Rockville, Md. company that has rights to 24 patents based on the work of
Folkman and his colleagues, the Globe said.
The Globe cited a source as saying Abbott and Children's have been negotiating the issue for three years. The hospital wanted to bring in an arbitrator, but Abbott resisted, the Globe said.
An Abbott spokesman said the talks had failed.
EnterMed and Children's are expected to file their responses within 20 days.
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