Genentech settles Cabilly patent case

15 June 2008

US biotechnology giant Genentech says that it has settled its patent litigation with MedImmune involving the Cabilly patent (US Patent No 6,331,415), which is co-owned by Genentech and City of Hope and relates in part to methods of producing antibodies.

Under the terms of the accord, the litigation, which was pending before the US District Court for the Central District of California, has now been fully resolved and dismissed. The settlement resolves disputed issues with respect to MedImmune's marketed product Synagis (palivizumab) as well as a related product, motavizumab, for which the latter is seeking regulatory approval. The settlement also permits MedImmune to obtain licenses for certain additional pipeline products under the Cabilly patent family.

MedImmune filed its original complaint in April 2003. Following a US Supreme Court decision in January 2007, the case was returned to the lower courts for further proceedings. Financial terms of the settlement were not disclosed. In connection with this deal and the associated licenses, Genentech, which is majority-owned by Swiss drug major Roche, is not updating its forecasted royalty revenue.

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