CAT formal patent ruling
March 11 2002 - 1:01AM
UK Regulatory
RNS Number:7123S
Cambridge Antibody Tech Group PLC
11 March 2002
02/CAT/11
FOR IMMEDIATE RELEASE
07.00 GMT 02.00 EST Monday 11 March 2002
For Further Information Contact:
Cambridge Antibody Technology Weber Shandwick Square Mile (Europe)
Tel: +44 (0) 1763 263 233 Tel: +44 (0) 20 7950 2800
David Chiswell, Chief Executive Officer Kevin Smith
John Aston, Finance Director Graham Herring
Rowena Gardner, Head of Corporate
Communications
BMC Communications/
The Trout Group (USA)
Tel: 001 212 477 9007
Brad Miles, ext 17 (media)
Brandon Lewis, ext.15 (investors)
COURT ISSUES FORMAL RULING CONFIRMING
DECISION ON GRIFFITHS PATENT
Melbourn, UK... On 24 December 2001 Cambridge Antibody Technology ("CAT" LSE:
CAT; NASDAQ: CATG) announced that the Judge in the District Court of Washington
DC had issued a ruling that he intended to rule that MorphoSys does not infringe
the Griffiths patent (US 5,885,793), unless persuaded that there is a genuine
issue as to any material fact which would require the matter to be retried
before a jury. The Judge has now confirmed that ruling principally because of
the way the MorphoSys library is "derived."
The Judge stated in his written opinion that the dispute should be brought to a
close in order that "the parties may have the appellate review that is so
clearly indicated in this case". CAT will appeal to the Federal Circuit. The
appeal process is expected to take about a year.
Dr David Chiswell, CEO at CAT, said "CAT disagrees with the Court's
interpretation of the "derived from" issue and is confident that there are
strong grounds for Appeal. In addition to the Griffiths patent CAT is asserting
a number of other patents against MorphoSys in court actions in Europe and the
USA."
-ENDS-
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 near
Cambridge, England, CAT currently employs around 270 people.
CAT is listed on the London Stock Exchange and on NASDAQ since June 2001. CAT
raised £41m in its IPO in March 1997 and £93m in a secondary offering in March
2000.
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 more than 100 billion distinct antibodies. This
library forms the basis for the company's strategy to develop a portfolio of
antibody-based drugs and to utilise antibodies as tools for target validation.
Six human therapeutic antibodies developed by CAT are at various stages of
clinical trials.
CAT has alliances with a large number of biotechnology and pharmaceutical
companies to discover, develop and commercialise human monoclonal antibody-based
products. CAT has also licensed its proprietary human antibody phage display
libraries to several companies for target validation and drug discovery. CAT's
collaborators include: Abbott, AMRAD, Elan, Eli Lilly, Genetics Institute,
Genzyme, Human Genome Sciences, Immunex, Incyte, Merck & Co., Inc, Oxford
GlycoSciences, Pharmacia, Pfizer, Wyeth-Ayerst, Xerion and Zyomyx.
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. The Court has set a
trial date of 17 February 2003.
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.
Infringement litigation against MorphoSys is pending in the US in respect of two
of the Winter/Huse/Lerner patents granted on 18 September 2001.
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 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 US 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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