Antibody technology regulatory update
DNA received U.S. Patent No. 6,331,415 covering the co-expression of antibody heavy and light chains for producing antibodies by recombinant DNA technology. The patent relates to DNA's Herceptin to treat certain forms of HER-2-overexpressing metastatic breast cancer and Rituxan to treat certain forms of B cell non-Hodgkin's lymphoma.
Issuance of the patent is related to settlement of a patent interference related to CCH's "Boss" patent application for antibody manufacturing technology and DNA's '415 patent, the "Cabilly" patent. According to CCH, a mediation was ordered by the U.S. District Court for the District of Northern California, which subsequently ordered that the Boss patent application be revoked and withdrawn and the Cabilly patent issued. As settled, CCH said it received a license to the Cabilly patent and will receive from DNA through 2006 income on sales of products that would have been covered by the Boss patent. ...