DNA being sued by CHIR...
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Thursday June 8, 5:00 am Eastern Time
SOURCE: Chiron Corporation
Chiron Files Patent Infringement Action Against Genentech
Genentech's Herceptin Infringes Chiron Monoclonal Antibody Patents, Chiron Alleges
EMERYVILLE, Calif., June 8 /PRNewswire/ -- Chiron Corporation (Nasdaq: CHIR - news) today filed a patent infringement lawsuit against Genentech alleging that the manufacture and sale of Herceptin© (trastuzumab), an anti-HER-2 monoclonal antibody, infringes Chiron's U.S. Patent No. 6,054,561 (the '561 patent). The suit was filed in the United States District Court for the Eastern District of California.
Chiron was granted the '561 patent on April 25, 2000. This patent is directed to monoclonal antibodies that bind selectively to human breast cancer cells, specifically, the c-erbB-2 (HER-2) antigen. The newly issued patent is the latest in a series of patents first issued in 1988 to Cetus Corporation, which later was acquired by Chiron. These patents, based upon an application originally filed in 1984, reflect Chiron's work to identify specific antigens that can be used to diagnose and treat breast cancer. Chiron scientists, including '561 patent inventors David Ring, Ph.D and Arthur Frankel, Ph.D., are acknowledged to have pioneered development of the first anti-c-erbB-2 monoclonal antibody, which laid the foundation for many future approaches to cancer diagnostics and immunotherapy.
``We wholly support the application of this monoclonal antibody technology to benefit the breast cancer community and are excited to license the technology, on commercially reasonable terms, to Genentech and others,'' commented Robert Blackburn, Chiron's vice president and chief patent counsel. ``So far, our negotiations with Genentech have failed to result in a viable license agreement for Herceptin, and thus we are compelled to bring legal action to protect our patent property. Chiron has not sought injunctive relief and Herceptin is anticipated to remain on the market while a patent resolution is sought.''
Chiron currently markets Proleukin© (aldesleukin) for treatment of metastatic renal cell cancer and metastatic melanoma, DepoCyt(TM) (cytarabine liposome injection) for the treatment of lymphomatous meningitis, and Cardioxane© (dexrazoxane) for the treatment of chemotherapy induced cardiotoxicity. Chiron has made a significant investment in advancing a novel portfolio of small molecule, protein and antibody-based cancer research programs. Monoclonal antibody research is an important component of Chiron's ongoing effort to understand the biology of cancer and to identify effective disease treatments.
About Chiron Corporation
Chiron Corporation, headquartered in Emeryville, California, is a leading biotechnology company that participates in three global healthcare markets: biopharmaceuticals, vaccines, and blood testing. The company is applying a broad and integrated scientific approach to the development of innovative products for preventing and treating cancer, infection and cardiovascular disease. For further information, visit the company's website at www.chiron.com.
This document contains forward-looking statements that are subject to risk and uncertainty. There are a number of factors that could cause the company's actual performance to differ materially from expectations. These and other factors investors should consider are more thoroughly described in the company's Securities and Exchange Commission filings, including the Form 10-Q and Form 10-K. |
