Chiron, Genentech cancer news
DNA said a jury in the U.S. District Court for the Eastern District of California voted 10-0 that all claims of CHIR's U.S. Patent No. 6,054,561 are invalid. The '561 patent covers monoclonal antibodies that selectively bind to human breast cancer cells, specifically the HER-2 antigen. In 2000, CHIR filed suit in the court alleging that the manufacture and sale of DNA's Herceptin trastuzumab anti- HER2 antibody for breast cancer infringes the '561 patent. As a result of the ruling, DNA said it will not have to pay CHIR royalties on Herceptin sales. The jury deliberated for one and a half days, according to DNA.
CHIR said it is considering an appeal. CHIR also said it still has a motion that seeks to have its patent declared valid by the judge in the suit. According to CHIR, the judge had previously deferred ruling on this motion until after the jury ruling. ...