Court Report - May 12, 2013


Gavel About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

Bristol-Myers Squibb Co. v. Genentech, Inc. et al.
3:13-cv-02045; filed May 3, 2013 in the Northern District of California

• Plaintiff:  Bristol-Myers Squibb Co.
• Defendants:  Genentech, Inc.; City of Hope

Declaratory judgment of invalidity, unenforceability, and noninfringement of of U.S. Patent Nos. 6,331,415 ("Methods of Immunoglobulins, Vectors, and Transformed Host Cells for Use Therein," issued December 18, 2001) and 7,923,221 ("Methods of Making Antibody Heavy and Light Chains Having Specificity for a Desired Antigen," issued April 12, 2011) in conjunction with BMS's manufacture and sale of its Erbitux® product (cetuximab, used for the treatment of head and neck cancer and colorectral cancer; sold pursuant to an agreement with Eli Lilly) and its Yervoy® product (ipilimumab, used for the treatment of unresectable or metastatic melanoma).  View the complaint here.

Genentech, Inc. v. Rea
1:13-cv-00556; filed May 3, 2013 in the Eastern District of Virginia

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,303,955 ("Humanized Anti-CD40 Antibodies and Their Methods of Use," issued November 6, 2012).  View the complaint here.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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