Favorable Ruling For Genentech's rh Factor VIII: C Patent

Biotechnology company Genentech says the US Patent and Trademark Office has ruled in its favor and against Genetics Institute and Chiron Corp regarding the process patent application for making the presently-marketed recombinant human Factor VIII:C protein and for a vector comprising DNA encoding that protein.

Recombinant- and naturally-derived human Factor VIII:C protein are clotting factors widely used in the treatment of hemophilia. However, Genentech says the recombinant form has the advantage of always being free of the AIDS and hepatitis viruses. It adds that the DNA encoding Factor VIII:C is being studied for use in gene therapy. The interference between a GI patent and a Genentech patent application was declared on March 27, 1990, according to the latter, and a Chiron application was added on September 9, 1991.

GI Will Not Appeal For its part, Genetics Institute has said that it is not planning to appeal the US PTO decision, since it will have no impact on the company. It notes that GI and its Factor VIII licensee Baxter Healthcare, and Genentech and its licensee cross-licensed their applicable Factor VIII patents rights in 1988, and the patent that Genentech will be awarded based on this recent interference is included in that cross-license.