Genentech announced that it has settled its patent litigation dipute with MedImmune involving the Cabilly patent US6331415, which covers A process for producing an immunoglobulin molecule or an immunologically functional immunoglobulin fragment comprising at least the variable domains of the immunoglobulin heavy and light chains, in a single host cell, comprising the steps of: (i) transforming said single host cell with a first DNA sequence encoding at least the variable domain of the immunoglobulin heavy chain and a second DNA sequence encoding at least the variable domain of the immunoglobulin light chain, and (ii) independently expressing said first DNA sequence and said second DNA sequence so that said immunoglobulin heavy and light chains are produced as separate molecules in said transformed single host cell.
Under the terms of the settlement agreement, the litigation, which was pending in the U.S. District Court of California, has now been fully resolved and dismissed. The settlement resolves disputed issues with respect to MedImmune's marketed product Synagis(R) (palivizumab) as well as a related product (motavizumab) for which MedImmune is seeking regulatory approval. The settlement also permits MedImmune to obtain licenses for certain additional pipeline products under the Cabilly patent family. MedImmune filed its original complaint in April 2003. Following a U.S. Supreme Court decision in January 2007, the case was returned to the lower courts for further proceedings. Financial terms of the settlement were not disclosed. In connection with this settlement and the associated licenses, Genentech is not updating its forecasted royalty revenue.
