New Development in the Cabilly II Patent Dispute
The increasing importance of monoclonal antibody as a therapeutic modality is exemplified by Genentech’s $256 million worth of royalty in 2007 and a projected growth of 15% to 25% in 2008 as reported by the WSJ. The royalty income is based mostly on a single patent generally known as the Cabilly II patent which have been the subjects of my previous blogs. The Cabilly II patent relates to the basic methods for making monoclonal antibody using recombinant DNA technology. As such, if you are importing, selling, or manufacturing monoclonal antibody drugs in the US, the chances are you will have to pay royalty to Genentech.
The latest development in this high stake game is that Genentech and MedImmune has reached a settlement with undisclosed terms. This litigation is rather complicated and goes back to 2003. MedImmune had licensed certain intellectual property rights from Genentech, but challenged the validity of one of the licensed patents from Genentech. The litigation revolves around the assertion that MedImmune did not breach its license agreement with Genentech by such a challenge. For more detail discussion please see this article from law.com.
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09:44:32
