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Biotech / Medical : Biotech Valuation
CRSP 56.71+0.4%Dec 24 12:59 PM EST

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From: DewDiligence_on_SI10/18/2005 10:19:22 PM
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Update on the Cabilly patent:

yahoo.reuters.com

>>
U.S. appeals court nixes Genentech patent lawsuit

Tue Oct 18, 2005 05:59 PM ET

WASHINGTON, Oct 18 (Reuters) - A federal appeals court on Tuesday reaffirmed a lower court's decision to throw out a MedImmune Inc. ( MEDI ) lawsuit challenging the validity of a key Genentech Inc. ( DNA ) patent.

The U.S. Court of Appeals for the Federal Circuit agreed with a lower court's conclusion that legal doctrine prevents MedImmune from challenging a patent in court at the same time it licenses the same patent.

The appeals court also rejected an argument by MedImmune that Genentech had colluded with rival Celltech when the two companies settled a dispute over the same patent -- known as the Cabilly patent -- in 2001.

The Cabilly patent covers the method of producing antibody drugs, including Genentech's cancer treatments Avastin and Rituxan. <and many others such as Erbitux>.

Loss of the patent could mean Genentech would lose as much as $300 million in annual royalty revenue, or 5 percent to 6 percent of its earnings, said Geoff Porges, an analyst at Sanford Bernstein.

Genentech has licensed the patent, named after researcher Shmuel Cabilly, to MedImmune and other companies from which it collects royalties on the sales of their drugs.

In September, in a separate action, the U.S. Patent Office rejected the Cabilly patent. But Genentech has said that ruling was a routine administrative move. And analysts have noted that final resolution of the matter could take years.
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