Human Genome Sciences, Las Vegas Sands: Intellectual Property
By Victoria Slind-Flor - Jan 27, 2011
Human Genome Sciences, a drug developer, sued Roche Holding AG’s Genentech unit seeking a court order that it doesn’t infringe a U.S. patent by making the experimental lupus drug Benlysta.
Human Genome Sciences, based in Rockville, Maryland, contends it has a “reasonable apprehension” it will be sued over Genentech’s patent 6,331,415, according to a complaint filed Jan. 24 in federal court in Wilmington, Delaware.
The disputed patent is one of the two “Cabilly patents” - - named after inventor Schmuel Cabilly. It has been the subject of reexamination procedures at the U.S. Patent and Trademark Office. In February 2009, Genentech said in a statement the company received notice from the patent office that all of the patent’s claims were patentable.
“In the near future, Human Genome Sciences expects a decision from the U.S. Food & Drug Administration regarding the approval” of Benlysta, and the patent in dispute isn’t valid because the technology isn’t new and is obvious, the company’s lawyers said in court papers.
Human Genome Sciences is looking for drug partnerships, according to Chief Executive Officer Tom Watkins. The company is getting ready to sell Benlysta along with London-based partner GlaxoSmithKline Plc. The FDA is set to rule on the medicine by March 10. It would be the first approved for lupus in more than 50 years.
Geoffrey Teeter, a spokesman for South San Francisco, California-based Genentech, was traveling and didn’t immediately return a call seeking comment on the lawsuit.
Co-defendant with Genentech is City of Hope of Duarte, California, the co-owner of the patent.
Human Genome Sciences is represented by Adam W. Poff and Monte T. Squire of Wilmington’s Young Conaway Stargatt & Taylor LLP and Henry B. Gutman, Noah M. Leibowitz and Harrison J. Frahn of New York’s Simpson Thacher & Bartlett LLP.
The case is Human Genome Sciences Inc. v. Genentech Inc., 1:11-CV-00082-UNA, U.S. District Court, District of Delaware (Wilmington). |
