ARTICLE | Company News

ImClone, Abbott cancer news

August 18, 2008 7:00 AM UTC

ImClone will pay Abbott $17.5 million to settle all claims and counterclaims related to Abbott's 2007 patent-infringement lawsuit filed in the U.S. District Court for the District of Massachusetts. In the suit, Abbott alleged that the manufacture of ImClone's cancer drug Erbitux cetuximab infringed U.S. Patent No. 5,665,578 covering vectors used in the manufacturing process to achieve high-level expression in eukaryotic cells. ImClone received rights to use the patent under a September 2007 settlement with Repligen Corp. (NASDAQ:RGEN, Waltham, Mass.), which has rights from Abbott to sublicense the patent. At that time, Abbott said ImClone would be liable for infringement regardless of the sublicense, because the infringement happened before the license agreement was signed (see BioCentury, Sept. 17, 2007). ...