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Cytogen granted summary judgment of non-infringement of prostate cancer patent.

Cytogen Corporation (Princeton, NJ) announced that its motion for summary judgment of non-infringement of all asserted claims of United States Patent 4,460,559 (the '559 Patent) has been granted by United States District Judge Anne E. Thompson. That ruling also denied the motion by plaintiffs Milton D. Goldenberg and Immunomedics, Inc. for summary judgment of infringement. Since the '559 patent was the only patent asserted by plaintiffs, Judge Thompson ruled that the case is dismissed. Immunomedics has 30 days to appeal the decision.

The suit, filed in the United States District Court of New Jersey, alleged that Cytogen's ProstaScint, a monoclonal antibody-based imaging agent used to image the extent and spread of prostate cancer, infringed the '559 Patent.

Cytogen Corporation is a product-driven, oncology-focused biopharmaceutical company. Cytogen markets proprietary and licensed oncology products through its in-house specialty sales force: ProstaScint (a monoclonal antibody-based imaging agent used to image the extent and spread of prostate cancer) and NMP22 BladderChek (a point-of-care, in vitro diagnostic test for bladder cancer). Cytogen has also developed Quadramet, a skeletal targeting therapeutic radiopharmaceutical for the relief of bone pain in prostate and other types of cancer, for which the company receives royalties on product sales through Berlex Laboratories, the United States affiliate of Schering AG Germany, which markets the product in the United States. Cytogen has exclusive United States marketing rights to Combidex, an ultrasmall superparamagnetic iron oxide contrast agent for magnetic resonance imaging of lymph nodes. Cytogen's pipeline comprises product candidates at various stages of clinical development, including fully human monoclonal antibodies and cancer vaccines based on PSMA (prostate specific membrane antigen) technology, which was exclusively licensed from Memorial Sloan-Kettering Cancer Center. Cytogen also conducts research in cell signaling through its AxCell Biosciences research division in Newtown, PA.

Cytogen Corporation

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Publication:BIOTECH Patent News
Geographic Code:1USA
Date:May 1, 2003
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