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Genentech loses key patent protection

2/26/2008

SAN FRANCISCO The U.S. Patent and Trademark Office has rejected the validity of a key patent of Genentech that involves the method of producing antibodies and antibody fragments, a crucial step in the manufacture of biotechnology drugs, according to Reuters.

The company said the patent, known as the Cabilly patent, remains valid and enforceable through the appeals process, which it anticipates could take one to two years, or longer. If not revoked, the patent would run until 2018.

Genentech, which also receives revenue under licensing agreements covering other companies’ medicines that utilize the technology, said it would file a response to the action and, if necessary, appeal the decision to the Board of Appeals within the Patent Office.

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