SERONO/ORGANON PATENT DISPUTE
Dutch company Organon has moved a step closer to a victory in its patent dispute with Ares-Serono, over recombinant human follicle stimulating hormone. The European Patent Office upheld Ares-Serono's patent 160699, but with certain amendments. Organon said "what's left of the patent is no more than the original application on which Organon does not make any infringement."
Meanwhile, Ares-Serono has issued a press release also claiming the decision as a victory, in that the novelty and inventive step of the patent has been upheld. Nevertheless, the company has announced its intention to appeal the decision to the extent that the patent has been amended.
Organon was ordered to stop development of rhFSH in Europe by a Dutch Court of Appeals based upon another European patent (No 211894), which was not at issue in the latest proceedings. The amendment has no bearing on the Dutch preliminary injunction.
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