By Donald Zuhn
Genentech, Inc. announced on Wednesday that the USPTO has issued a final Office Action in its
reexamination of U.S. Patent No. 6,331,415, rejecting the claims of what is generally referred to as the Cabilly patent. In its press release, Genentech stated its
intention to respond to the final Office Action and, if necessary, appeal the
decision through "all appropriate means of review within the Patent Office
and the courts."
The '415 patent was the subject of a recent Supreme Court
decision, in which the Court found that patent licensee Medimmune could
challenge the validity of the patent while continuing to pay patent royalties
under the license, and that such a suit fulfilled the "cases or
controversies" requirement of Article III of the Constitution (see
"Medimmune, Inc. v. Genentech, Inc. (2007)").
Genentech noted that despite the USPTO's determination, the '415 patent will remain "valid and enforceable" throughout the appeals process, which Genentech estimated would take at least one or two years.
Comments