PTO reverses Cabilly decision

The U.S. Patent and Trademark Office (PTO) issued a Notice of Intent to Issue a Reexamination Certificate confirming the patentability of all claims of the Cabilly II patent (U.S. Patent No. 6,331,415) from Genentech (NYSE:DNA), which covers methods of antibody production. The decision reverses a final office action issued by the PTO last February rejecting the patent, which Genentech appealed in August. The re-examination was initially requested in 2005 by MedImmune, now a subsidiary of AstraZeneca (LSE:AZN; NYSE:AZN), and an undisclosed third party. Genentech expects the re-examination certificate to be issued later this year, which will formally conclude the current re-examination proceedings. The patent expires in 2018.

Last year, Genentech and MedImmune settled litigation related to the patent (See BioCentury Extra, Wednesday, June 11, 2008). ...