ImClone disagrees with court decision favoring Yeda cancer patents

By E. Janene Geiss

Philadelphia, Sept. 19 - ImClone Systems Inc. said Tuesday that it disagrees with the U.S. District Court in Manhattan's decision in favor of Yeda Research and Development Co. in a case involving the inventorship of a patent that ImClone Systems licenses from Sanofi-Aventis.

The court ruled that three scientists associated with Yeda are sole inventors of the patent, which covers the use of certain monoclonal antibodies in combination with anti-neoplastic agents for the treatment of cancer, the New York City biotechnology company said in a news release.

The company said it believes that former Aventis scientists originally named as inventors are the correct inventors of the patent and intends to file an appeal.

In the short term, ImClone said it does not believe that the decision will materially adversely impact its operations, including the sale of Erbitux in combination with chemotherapy.

ImClone said it also believes that the consequence of the decision transferring inventorship to Yeda invalidates any claims in the patent because, among other arguments, the Yeda scientists long ago abandoned any rights in the invention by failing to file their own patent application. Accordingly, the company said it plans to file a declaratory judgment action against Yeda seeking a declaration of patent invalidity and non-infringement in the instance where Yeda maintains sole inventorship.

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