From 8-K: On March 15, 2007, Oklahoma Medical Research Foundation, or OMRF, filed a civil action against Alexion in the U.S. District Court for the Northern District of Oklahoma. OMRF claims, among other things, (i) breach of contract by Alexion under a license agreement entered into by Alexion and OMRF in 1992, and (ii) willful infringement by Alexion of an OMRF patent. OMRF seeks, among other things, declaratory judgment, judicial accounting, and actual, compensatory, consequential and punitive damages, plus attorney’s fees.
OMRF Patent No. 5,635,178 says:
The present invention generally relates to compositions, and methods for use thereof, effective in regulating inflammatory platelet and endothelial stimulatory and coagulopathic responses by modulating the activity of the C5b-9 complex of the human plasma complement system.
I’m sure alxn could have signed a crappy agreement, but it ought to say a royalty is due only if the commercialized product is based on or within the licensed IP. “Regulating inflammatory platelet and endothelial” doesn’t sound like how Solaris affects PNH, even though PNH is among the diseases listed under methods. Plus, S is not a Mab fragment as I understand.
Have no idea what PDLI claims.
(Disclosure: Not a patent atty.) |
