They also neglected to mention this:
NEW HAVEN, CONN., NOVEMBER 29, 1999 -- VION PHARMACEUTICALS,
INC. (NASDAQ NM: VION) today announced that it has obtained a ruling from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, granting Vionås request for an Interference between a Vion-licensed patent application from Yale University and United States patent No. 5,532,246 assigned to BioChem Pharma, Inc. Both the patent application and the BioChem Pharma patent claim the right to the use of 3TC, also known as lamivudine and Epivir¦, to treat hepatitis B virus ("HBV"). Vion believes that the BioChem Pharma patent involved in this Interference is licensed to Glaxo Group.
An Interference is a legal proceeding that determines which party is entitled to a patent containing commonly claimed subject matter. The Patent Office has designated Vion as the senior party of the Interference and BioChem Pharma as the junior party. As the junior party, BioChem Pharma bears the burden of proof. Both Vion and BioChem Pharma, however, have an opportunity to argue their position during the Interference proceeding. Depending upon the length of an Interference proceeding, which could be reduced by a mutually agreed upon settlement, its cost to each party could be substantial. Determinations in Interference proceedings are subject to appeal in the appropriate United States federal courts. snip.....
Jim |
