Saturday, September 23, 2006

More on ImClone; Israelis licence Erbitux to Amgen

From Alex Lash at The Deal:

One indication of Icahn's influence could come in the legal battle over a key patent behind ImClone's sole marketed product, cancer fighter Erbitux. ImClone received a setback earlier this week when a federal judge ruled that Sanofi-Aventis SA, which had granted ImClone exclusive access to the intellectual property described in the patent, was no longer the patent holder. The new patent holder, an Israeli research institute (Yeda), has already begun licensing the patent to others, including ImClone competitor Amgen Inc. of Thousand Oaks, Calif. If ImClone changes its stance and drops its appeal of the patent case, it would be a concession to one of Icahn's public demands. ImClone spokesman David Pitts said the appeal has not been filed yet but will be as soon as possible.

See earlier IPBiz post:

Separately, Intimidation Alleged in High-Stakes Patent Case
IP firm faces possibility of removal
including the text:

"The court is of the tentative view that the allegations of ethical misconduct are extremely serious and that the conduct of defendant's counsel may have prejudiced the ability of MIT to fully litigate its complaint," wrote Judge Richard G. Stearns in his July 24, 2006 memo. (...)
At the oral arguments, Fish & Richardson lawyers representing MIT and Repligen alleged that a Kenyon attorney intimidated a star witness in a deposition. The lawyer asked scientist Stephen Gillies, who was one of the inventors of the cell line, questions about his authority to conduct testing for Waltham, Mass.-based Repligen and his employer's knowledge of his involvement in the case during a deposition.


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