Cabilly patents

The Cabilly patents are two US patents issued to Genentech which relate to the "fundamental technology required for the artificial synthesis of antibody molecules". Fact|date=September 2007 The name refers to the lead inventor Shmuel Cabilly. There has been ongoing legal controversy surrounding these patents since the original filing in 1983.

An interference between US patent|4,816,567 (the original "Cabilly patent") issued to Genentech and US patent|4,816,397 (the "Boss" patent) issued to Celltech resulted in the issuance of a second "Cabilly patent" to Genentech in 2001. This new patent would therefore extend into 2018, an effective term of 29 years.

A lawsuit filed by MedImmune, a licensee of the Cabilly patent, resulted in the United States Supreme Court case MedImmune, Inc. v. Genentech, Inc. which was decided in favor of MedImmune. Following the supreme court decision, the United States Patent and Trademark Office (USPTO) declared Genentech's patent invalid, but Genentech has appealed, and the patent will remain valid and enforceable until the process is completed.

An important implication of this case is the affirmation that a licensee retains the right to challenge a licensed patent. The controversy has also called attention to the amount of time the USPTO takes to resolve Interference proceedings, and has been cited in arguments for changing to a First to file patent system.

References

* [http://www.californiabiotechlaw.com/archives/-biotech-patents-genentech-claims-rejected-on-patent-which-was-subject-of-recent-supreme-court-decision.html Genentech Claims Rejected on Patent Which Was Subject of Recent Supreme Court Decision] . "California Biotech Law Blog". February 21, 2007.
* [http://www.patentbaristas.com/archives/2005/09/29/uspto-issues-double-patenting-rejection-on-genentechs-29-year-patent/ USPTO issues double patenting rejection on Genentech's 29 year old patent] "Patent Baristas Blog". February 22, 2006.
* [http://www.gazette.net/stories/111605/busimlo183336_31896.shtml Biotech patent dispute involves millions] . "Gazzette.net". November 16, 2005.
* [http://www.californiabiotechlaw.com/archives/-biotech-patents-genentech-hit-with-adverse-patent-ruling.html Genentech Hit with Adverse Patent Ruling] . "California Biotech Law Blog". September 30, 2005.
* [http://www.crowell.com/pdf/Teskin11-03.pdf It Lives for 29 Years?] . "Legal Times". November 2003. vol.26 no.44.