11 Biotechnology Law Report 565 (Number 5, September-October 1992) Coleóptera beetles. Six other Mycogen patents related to this technology have been assigned to Entotech, which also has obtained $1.3 million to resolve past claims. Mycogen received a nonexclusive license under the Entotech patents for payment of an additional $3 million. The technology can be used directly in the form of insecticidal bacterial toxins. The patents also cover the gene encoding the toxin, which is being used to create beetle-resistant transgenic plants. One such product, Novodor, performed well in university-supervised field tests in 1992 according to Novo Nordisk. # # # {BLR 1365} Patents - Litigation - Schering Genentech. SECOND CHALLENGE TO GENENTECH PATENT —Schering Wants Patent on Cloning Vehicle Declared Invalid NEWARK, NJ, 6/24/92—Schering Corporation, a subsidiary of Schering-Plough Corporation (Madison, NJ), has filed suit in the U.S. District Court for the District of New Jersey, Newark, against Genentech, Inc. (South San Francisco, Cal.). The suit seeks to have U.S. patent 4,704,362 ("Recombinant Cloning Vehicle Microbial Polypeptide Expression") declared invalid and unenforceable (see below at<BLR 1377>). The '362 patent is one of several involved in a lawsuit between Eli Lilly & Company and Genentech that currently is pending in U.S. District Court in Indianapolis. Schering goes on to ask the court to find that the patent is not infringed by Schering's manufacture, use, and sale of recombinant alpha-interferon and that, in any event, Schering is licensed under the patent. In a statement released July 1, 1992, Genentech stated that it believes its patent to be valid and that it is being infringed by Schering's sale of the recombinant alpha-interferon product Intron-A.® Genentech asserted that Schering is not a licensee under the patent, although approximately 30 other companies are. # # # {BLR 1366} Patents - Litigation - Xoma - Centocor - Monoclonal Antibodies - Sepsis. XOMA AND CENTOCOR SETTLE LITIGATION OVER ANTISEPSIS MAB —Centocor to Pay Royalties SAN FRANCISCO, CAL., 7/28/92 -The 2 1/2-year litigation between Xoma Corporation (Berkeley, Cal.) and Centocor, Inc. (Malvern, Penn.) has come to an end with an agreement regarding the two firms' patent claims to an anti-lipopolysaccharide monoclonal antibody (Mab) designed to treat septic shock. Xoma's product, called E5®, is a mouse- mouse antibody, whereas Centocor's HA-1A (Centoxin®) is a human-mouse Mab (for background on the product, see <BLR !035>, vol. 9, no. 2, 1990).

SECOND CHALLENGE TO GENENTECH PATENT

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Page 1: SECOND CHALLENGE TO GENENTECH PATENT

11 Biotechnology Law Report 565 (Number 5, September-October 1992)

Coleóptera beetles. Six other Mycogen patents related to this technology have been assigned toEntotech, which also has obtained $1.3 million to resolve past claims. Mycogen received anonexclusive license under the Entotech patents for payment of an additional $3 million.

The technology can be used directly in the form of insecticidal bacterial toxins. Thepatents also cover the gene encoding the toxin, which is being used to create beetle-resistanttransgenic plants. One such product, Novodor, performed well in university-supervised fieldtests in 1992 according to Novo Nordisk.

# # #

{BLR 1365} Patents-

Litigation-

Schering-

Genentech.

SECOND CHALLENGE TO GENENTECH PATENT—Schering Wants Patent on Cloning Vehicle Declared Invalid

NEWARK, NJ, 6/24/92—Schering Corporation, a subsidiary of Schering-PloughCorporation (Madison, NJ), has filed suit in the U.S. District Court for the District of NewJersey, Newark, against Genentech, Inc. (South San Francisco, Cal.). The suit seeks to haveU.S. patent 4,704,362 ("Recombinant Cloning Vehicle Microbial Polypeptide Expression")declared invalid and unenforceable (see below at<BLR 1377>).

The '362 patent is one of several involved in a lawsuit between Eli Lilly & Companyand Genentech that currently is pending in U.S. District Court in Indianapolis.

Schering goes on to ask the court to find that the patent is not infringed by Schering'smanufacture, use, and sale of recombinant alpha-interferon and that, in any event, Schering islicensed under the patent.

In a statement released July 1, 1992, Genentech stated that it believes its patent to bevalid and that it is being infringed by Schering's sale of the recombinant alpha-interferonproduct Intron-A.® Genentech asserted that Schering is not a licensee under the patent,although approximately 30 other companies are.

# # #

{BLR 1366} Patents-

Litigation-

Xoma-

Centocor-

Monoclonal Antibodies-

Sepsis.

XOMA AND CENTOCOR SETTLE LITIGATIONOVER ANTISEPSIS MAB—Centocor to Pay Royalties

SAN FRANCISCO, CAL., 7/28/92 -The 2 1/2-year litigation between XomaCorporation (Berkeley, Cal.) and Centocor, Inc. (Malvern, Penn.) has come to an end with anagreement regarding the two firms' patent claims to an anti-lipopolysaccharide monoclonalantibody (Mab) designed to treat septic shock. Xoma's product, called E5®, is a mouse-mouse antibody, whereas Centocor's HA-1A (Centoxin®) is a human-mouse Mab (forbackground on the product, see <BLR !035>, vol. 9, no. 2, 1990).