| Representative Cases
Boss v. Cabilly, No. 2009-1264 (Fed. Cir. 2009) (Interference No. 105,531)
Subject:
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Brinks successfully defended its client, Genentech, Inc., a member of the Roche Group, in an appeal of a patent interference decision between patent applications belonging to Genentech and UCB Pharma S.A., a Belgium-based biotechnology company. As a result of the decision, Genentech and its partner City of Hope obtained priority for their patent application on recombinant DNA techniques for manufacturing antibodies. Over 25 years ago, scientists at Genentech and City of Hope together developed this pioneering recombinant technology, which is now a foundation for many top-selling cancer-treatment drugs such as Avastin®, Herceptin® and Rituxan®.
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Decision:
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On Thursday, December 10, 2009, the U.S. Court of Appeals for the Federal Circuit affirmed the decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences that Genentech's "Cabilly" patent application (No. 08/422,187) has priority over UCB Pharma's "Boss" patent application (No. 08/450,727) covering recombinant DNA techniques for manufacturing antibodies. In its decision, the Federal Circuit affirmed the Board's conclusion that Cabilly had "established a strong case for priority based on conception and diligence" in reducing the invention to practice.
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Attorneys:
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Laura A. Lydigsen, Luke A. Parsons
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