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Chiron and Ortho Diagnostic Systems Settle Litigation and Grant HIV Immunoassay License to Abbott Labs.


EMERYVILLE, Calif.--(BUSINESS WIRE)--April 1, 1996--Chiron Corp. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:CHIR) and Ortho Diagnostic Systems Inc., a Johnson & Johnson company, announced today that the two companies have settled litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 brought in the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa  by Chiron against Abbott Laboratories Inc., for alleged infringement of Chiron's U.S. Patent No. 5,156,949 (the '949) patent.

As part of the settlement, Chiron and Ortho will grant to Abbott a worldwide royalty-bearing license to sell HIV HIV (Human Immunodeficiency Virus), either of two closely related retroviruses that invade T-helper lymphocytes and are responsible for AIDS. There are two types of HIV: HIV-1 and HIV-2. HIV-1 is responsible for the vast majority of AIDS in the United States.  immunoassay tests under the '949 patent, related U.S. patents and foreign equivalents. The '949 patent relates generally to the use of recombinant HIV envelope antigens in immunoassays.

Financial terms of the settlement will not be disclosed, but Abbott's royalties are retroactive to the individual dates of issuance of Chiron's patents on a country-by-country basis (for example, the '949 patent issued in the United States Oct. 20, 1992).

Separately, Chiron and Abbott have settled a suit brought by Abbott against Chiron in the United States District Court for the Northern District of Illinois The United States District Court for the Northern District of Illinois is the Federal district court whose jurisdiction comprises the following counties, divided into two divisions: , Eastern Division, alleging Chiron's infringement of three U.S. nucleic acid hybridization Hybridization is the process, discovered by Alexander Rich, of combining complementary, single-stranded nucleic acids into a single molecule. Nucleotides will bind to their complement under normal conditions, so two perfectly complementary strands will bind to each other readily.  assay patents licensed to Abbott by third parties (U.S. Patents No. 4,751,177; No. 4,948,882; and No. 4,882,269).

Chiron will be granted a worldwide royalty-bearing license to these patents for its bDNA probe products. These royalties also will be retroactive to the issuance dates of the individual patents on a country-by-country basis.

"We are pleased to have resolved completely the litigation with Abbott regarding Chiron's HIV diagnostic patents, as well as the bDNA probe litigation," said William J. Rutter, Ph.D., Chiron's chairman. "Abbott joins Pasteur Sanofi Diagnostics in recognizing the value of Chiron's intellectual property position in HIV."

On Nov. 8, 1993, Chiron and Ortho announced a series of licensing agreements with Pasteur Sanofi Diagnostics, including a worldwide cross-licensing agreement for HIV-1 and HIV-2 immunodiagnostic immunodiagnostic

pertaining to diagnosis by immune reactions.
 products.

Chiron and Ortho Diagnostic Systems have a global joint immunodiagnostics business that supplies AIDS and hepatitis tests, including tests for hepatitis C virus
This page is for the virus. For the disease, see Hepatitis C.
The Hepatitis C virus (HCV) is a small (50 nm in size), enveloped, single-stranded, positive sense RNA virus in the family Flaviviridae.
, which was discovered by Chiron in 1987.

Chiron Corp. is a diversified, science-driven healthcare company that combines diagnostic, vaccine and therapeutic strategies for controlling disease. Headquartered in Emeryville, near San Francisco, and with operations on four continents, Chiron had revenues in 1995 of more than $1 billion.

Chiron participates in four global healthcare markets: diagnostics, including immunodiagnostics, critical care diagnostics and new quantitative probe tests; therapeutics, with an emphasis on oncology and infectious disease; pediatric pediatric /pe·di·at·ric/ (pe?de-at´rik) pertaining to the health of children.

pe·di·at·ric
adj.
Of or relating to pediatrics.
 and adult vaccines; and ophthalmic surgical products for the correction of vision. Chiron also has research programs underway in gene therapy and gene transfer, combinatorial chemistry, cardiovascular disease and critical care.

CONTACT: Chiron Corporation, Emeryville

Larry Kurtz, 510/601-2476
COPYRIGHT 1996 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Date:Apr 1, 1996
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