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It Lives for 29 Years? Authorities Should Act to Ensure a Predictable and Reasonable Patent Term for Pre-GATT Applications

By Robin L. Teskin
February 01, 2004

A lawsuit filed April 11 in the U.S. District Court in Los Angeles has grabbed the attention of the life sciences community. The key parties are three high-profile biotech developers: MedImmune, Genentech and Celltech.

MedImmune is challenging the validity and enforceability of an important Genentech patent. Behind that patent, MedImmune charges, is an illegal, anticompetitive agreement that “profoundly and fundamentally altered the competitive landscape in the biotechnology industry.”

The Genentech patent under fire, U.S. Patent No. 6,331,415, claims methods for producing monoclonal antibodies ' methods that are used by many biotech companies to produce antibodies for human therapy. For reasons that will become clear, this patent is also known as the new Cabilly patent.

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