Shire obtains positive outcome in Biochem patent litigation.
Shire Pharmaceuticals Group plc (Andover, United Kingdom; 44 0 1264-348-515) announces a decision in favor of BioChem Pharma, Inc. (Laval, Canada; 450 978-7771) in the patent dispute between BioChem and Emory University Emory University (ĕm`ərē), near Atlanta, Ga.; coeducational; United Methodist; chartered as Emory College 1836, opened 1837 at Oxford. It became Emory Univ. in 1915 and in 1919 moved to Atlanta. (Atlanta, GA) relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc 3TC/Epivir (lamivudine).
On December 11, 2000, Shire and BioChem announced they had entered into an agreement to merge the two groups to form a leading global specialty pharma company. As part of this announcement, information was provided regarding patent disputes between BioChem and Emory University, relating to United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. patent rights for lamivudine. The United States Board of Patent Appeals and Interferences The Board of Patent Appeals and Interferences (BPAI) is a body of the United States Patent and Trademark Office (USPTO), which decides issues of patentability. If an applicant for an invention cannot convince a patent examiner that they are entitled to their claims, then the has now invalidated Emory University's patent relating to lamivudine. Shire continues to review the detail of the decision but has not been advised of any intention by Emory to initiate any other action or appeal the decision.
Rolf Stahel, chief executive of Shire, commented, "In evaluating the merger with BioChem, Shire investigated carefully the patent situation and sought advice from external counsel on the probability of an adverse ruling. Shire welcomes the decision of the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property ."
The Board of Patent Appeals and Interferences decision is the latest in a series of rulings around the world upholding BioChem's patent rights for 3TC/Epivir in patent disputes between BioChem and Emory University. Patent offices in Europe, Japan, Australia and Norway reviewed BioChem and Emory University's filings and universally decided in BioChem's favour.
"The decision by the United States Board of Patent Appeals and Interferences to invalidate Emory's patent underscores our long-held position that 3TC/Epivir was invented solely by BioChem scientists, including the late Prix Galien-winner, Dr. Bernard Belleau Dr. Bernard Belleau (March 15, 1925 – September 4, 1989) was a Canadian moloecular pharmacologist best known for his role in the discovery of Lamivudine, a drug used in the treatment of HIV and Hepatitis B infection.
Born in Montreal, Quebec, he gained his B.Sc. ," said Dr. Francesco Bellini Francesco Bellini (born 12 October 1978) is an Luxembourgian footballer of Italian descent. He plays as a defender for Luxembourgian club FC Mamer 32.
After some years playing for the youth teams at CA Spora Luxembourg (where he won the national cup) and the senior team of , BioChem Pharma's chairman and chief executive officer.
The United States Patent and Trademark Office ruled that Emory was not entitled to its patent. Emory's patent was granted five years after BioChem Pharma received its pioneering patent covering 3TC/Epivir and one year after the company's licensee, Glaxo Wellcome, began selling the drug. The invalidated Emory patent was the basis of the infringement suit Emory filed in United States District Court United States District Court
In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. , Northern District of Georgia against BioChem and its licensee, Glaxo Wellcome; BioChem subsequently was granted a motion to stay the case pending the termination of the interference.
It is not known if Emory intends to appeal this decision.
Under agreement, BioChem Pharma receives royalties from Glaxo Wellcome (London, United Kingdom) on sales of 3TC/Epivir. Glaxo Wellcome has the right to develop, manufacture and sell 3TC/Epivir worldwide, except in Canada, where BioChem Pharma and Glaxo Wellcome have formed a commercialization partnership.
BioChem Pharma is an innovative and fast-growing biopharmaceutical company focused on infectious diseases infectious diseases: see communicable diseases. and cancer.