Stmnt re Griffiths Patent
August 21 2001 - 2:00AM
UK Regulatory
RNS Number:7829I
Cambridge Antibody Tech Group PLC
21 August 2001
For Further Information Contact:
Cambridge Antibody Technology Square Mile BSMG Worldwide (Europe)
Tel: +44 (0) 1763 263 233 Tel: +44 (0) 20 7601 1000
David Chiswell, CEO Kevin Smith
Rowena Gardner, Head of Graham Herring
Corporate Communications
BMC Communications/The Trout
Group (USA)
Tel: 001 212 477 9007
Brad Miles, ext 17 (media)
Brandon Lewis, ext.15
(investors)
CAMBRIDGE ANTIBODY TECHNOLOGY COMMENTS ON GRIFFITHS PATENT
RULING
Melbourn, UK... Cambridge Antibody Technology (LSE: CAT; NASDAQ: CATG) today
confirmed that the Judge in the district court of Washington DC has ruled on a
number of matters in relation to the Griffiths patent (US 5,885,793). The
Court was asked to rule on various matters of law after the jury was unable to
reach a decision in April, other than finding that CAT was entitled to the
priority dates of its British applications.
On MorphoSys' invalidity assertions, the Judge found for CAT on four of
MorphoSys' invalidity assertions and did not rule on the fifth. This last
invalidity assertion will need to be tried in court.
Whilst the Court has issued no ruling on infringement of the patent by
MorphoSys, the judge indicated that he presently takes the view it appears
that MorphoSys should prevail on this issue, principally because of the way
the MorphoSys library is "derived". However he acknowledges that "it is not
clear that CAT has been fully heard on the issue" and thus has made no formal
ruling. The Court will now instigate other proceedings and/or briefings which
will allow CAT to argue the infringement issue before the court can come to a
ruling on this matter.
Dr David Chiswell, CEO at CAT, said "We welcome the Court's rulings generally
in favour of the validity of the Griffiths patent and we will continue to
present our view to the Judge that MorphoSys do indeed infringe the patent. In
addition to the Griffiths patent CAT is asserting the Winter II and the
McCafferty patent families over MorphoSys in court actions in Europe and the
USA. None of these cases will have any effect on CAT's freedom to operate and
CAT believes that taking the actions as a whole, CAT will ultimately prevail."
Notes to Editors:
Cambridge Antibody Technology (CAT)
- CAT is a UK biotechnology company using its proprietary technologies in
human monoclonal antibodies for drug discovery and drug development. Based
in Melbourn, 10 miles south of Cambridge, England, CAT currently employs
around 230 people.
- CAT is listed on the London Stock Exchange, having raised #41m in its IPO in
March 1997. A further offering in March 2000 raised #93m. Also, CAT's ADRs
are listed on the US NASDAQ National Market.
- CAT has an advanced platform technology for rapidly isolating human
monoclonal antibodies using phage display systems. CAT has an extensive
phage antibody library, currently incorporating around 100 billion distinct
antibodies. This library forms the basis for the company's strategy to
develop a portfolio of clinical development programmes and for discovering
new drug leads using functional genomics. Five human therapeutic antibodies
developed by CAT are at various stages of clinical trials.
- CAT has a number of licence and collaborative agreements in place with
pharmaceutical and biotechnology companies including: Eli Lilly, Pfizer,
Genentech, ICOS, Genetics Institute, Wyeth-Ayerst, Human Genome Sciences,
Knoll Pharmaceuticals (a subsidiary of Abbott Pharmaceuticals), AstraZeneca,
Pharmacia, Oxford GlycoSciences, Genzyme, Immunex, Zyomyx and Elan.
Background to CAT's patent portfolio
- CAT's patent portfolio includes about 30 families of patents, covering both
technologies and products. CAT's core commercial technology is covered by
three main families of patents.
- CAT and the MRC were awarded the US 'Griffiths' patent in March 1999 (the
patent is co-owned).
- The Griffiths patent relates to methods of isolating specific antibodies to
human self-antigens from phage display libraries and to antibodies produced
by these methods.
- In April 1999 MorphoSys filed a 'declaratory judgement action' in the US
District Court of Washington DC, asking the Court to declare that the CAT's
patent is invalid, and/or declare that it does not infringe the patent. CAT
counter-claimed against MorphoSys for infringement.
- Infringement litigation against MorphoSys is pending in the same Court in
respect of CAT's US "McCafferty" patent, US 5,969, 108. A trial will be set
by the Court.
- Infringement litigation against MorphoSys is pending in the US, in respect
of CAT's 'Winter II' patent, granted on 19 June 2001 and licensed to CAT.
Medical Research Council (MRC)
- The MRC is the Medical Research Council of Great Britain. The MRC owns some
of the patent rights within CAT's patent portfolio either wholly or jointly
with CAT, which they have licensed to CAT under an agreement dated 7 January
1997.
Application of the Safe Harbor of the Private Securities Litigation Reform Act
of 1995: This press release contains statements about Cambridge Antibody
Technology Group plc ("CAT") that are forward looking statements. All
statements other than statements of historical facts included in this press
release may be forward looking statements within the meaning of Section 21E of
the Securities Exchange Act of 1934. These forward looking statements are
based on numerous assumptions regarding CAT's present and future business
strategies and the environment in which CAT will operate in the future.
Certain factors that could cause CAT's actual results, performance or
achievements to differ materially from those in the forward looking statements
include: market conditions, CAT's ability to enter into and maintain
collaborative arrangements, success of product candidates in clinical trials,
regulatory developments and competition.
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