12:00 AM
Jan 14, 2002
 |  BioCentury  |  Regulation

Celltech vs MedImmune

Several biotech companies have filed friend-of-the-court briefs hoping to influence the U.S. Supreme Court as it grapples with its review of the doctrine of equivalents in patent law while considering Festo v SMC Pneumatics Inc. The biotechs are split in their assessment of whether Festo helps or hurts the industry (see "Biotech on Both Sides of Festo," A10). Two such briefs, filed by Celltech Group plc and MedImmune Inc., offer a microcosm of the arguments on both sides, while airing the companies' particular battle before the court.

Celltech (LSE:CCH; CLL, Slough, U.K.), which argues against Festo in its amicus curiae brief, and MEDI (Gaithersburg, Md.) have an immediate interest in the Supreme Court case: patent litigation in the U.K. between the two has been put on hold pending the U.S. decision.

Under a 1998 deal, MEDI agreed to take a license to CCH's U.S. Patent No. 5,859,205 covering humanized antibodies that would otherwise infringe the patent. MEDI is arguing that Synagis palivizumab,...

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