U.S. Patent Office Grants Dyax Corp.'s Request for an Interference with U.S. Patent No. 7,700,302 Issued to Adimab
CAMBRIDGE, Mass.--(BUSINESS WIRE)--
Corp. (NASDAQ: DYAX), a developer of novel biotherapeutics for unmet
medical needs, announced today that the United States Patent and
Trademark Office (USPTO) Board of Patent Appeals and Interferences has
granted the Company's suggestion to declare an interference between
Dyax's U.S. Patent Application No. 12/625,337 and Adimab LLC's U.S.
Patent No. 7,700,302 (the ‘302 patent), both of which cover methods of
displaying a library of antibodies on the surface of yeast cells.
A patent interference is a proceeding conducted by the USPTO to
determine priority when two or more parties claim patent rights to the
same technology. The U.S. patent system awards patents to the first
party to invent a particular technology. The USPTO presumes that the
parties made their inventions in the order of the filing dates for their
patent applications. The party with the earliest filing date is referred
to as the senior party, while the party with the later filing date is
referred to as the junior party.
In this matter, the USPTO has determined that Dyax is the senior party
and Adimab is the junior party, as the subject matter claimed in the
‘302 patent was disclosed in a Dyax patent application filed 16 months
before the corresponding Adimab application. As the junior party, Adimab
bears the burden of proof and will have to clearly demonstrate that it
invented the technology at issue before Dyax.
"We believe that Adimab's ‘302 patent should not have issued and that
the technology central to Adimab's antibody display technology is, in
fact, a Dyax invention," stated Ivana Magovčević-Liebisch, PhD, JD,
Executive Vice President Corporate Development and General Counsel.
"Dyax technology has long been the industry "gold standard" for the
discovery and optimization of therapeutic antibodies. Our investment in
innovation is what sustains this leadership position. It is central to
Dyax and to the life science industry that innovation, and the
investment that sustains it, are protected."
In preparation for the interference, the USPTO has already determined
that the claims of Dyax's patent application are allowable and that
Adimab's ‘302 patent is not entitled to the priority date of the three
earliest applications Adimab listed on the face of the ‘302 patent (all
of which were filed after Dyax's earliest application).
Dyax is a fully integrated biopharmaceutical company focused on
discovering, developing and commercializing novel biotherapeutics for
unmet medical needs. The Company's lead product, ecallantide, has been
approved under the brand name KALBITOR® in the United States
for the treatment of acute attacks of hereditary angioedema (HAE) in
patients 16 years of age and older.
Dyax is commercializing KALBITOR in the United States independently, and
establishing strategic partnerships to develop and commercialize
ecallantide for the treatment of HAE in key regions worldwide.
Currently, Dyax has partnership agreements for regions including Europe,
Japan, Russia, the Middle East, Israel, North Africa, Australia and New
Zealand. The company is also exploring other potential indications for
ecallantide, either alone or through partnerships, including
drug-induced angioedema and retinal vein occlusion-induced macular edema.
Ecallantide and other compounds in Dyax's pipeline were identified using
its patented phage display technology, which rapidly selects compounds
that bind with high affinity and specificity to therapeutic targets.
Dyax leverages this technology broadly through the LFRP, which has
approximately 75 revenue generating licenses and collaborations for
therapeutic discovery, as well as for affinity separations, diagnostic
imaging, and research reagents. The success of the Company's LFRP
royalty portfolio is illustrated by the program's advanced licensee
pipeline that includes 17 candidates in clinical development. Of those
candidates, four are in Phase 3 clinical trials, four are in Phase 2 and
nine are in Phase 1.
This press release contains forward-looking statements, including
statements regarding Dyax's position in its interference proceedings
with Adimab and the potential outcome of such proceedings. Statements
that are not historical facts are based on Dyax's current expectations,
beliefs, assumptions, estimates, forecasts and projections about the
industry and markets in which Dyax and its licensees compete. The
statements contained in this release are not guarantees of future
performance and involve certain risks, uncertainties and assumptions,
which are difficult to predict. Therefore, actual outcomes and results
may differ materially from what is expressed in such forward-looking
statements because of uncertainties involved in any future projections,
as well as uncertainties associated with various activities and aspects
of Dyax's business, including risks and uncertainties associated with
proceedings to obtain, enforce and defend our intellectual property
rights and other risk factors described or referred to Item 1A, "Risk
Factors" in Dyax's most recent Annual Report on Form 10-K and other
periodic reports filed with the Securities and Exchange Commission. Dyax
cautions investors not to place undue reliance on the forward-looking
statements contained in this release. These statements speak only as of
the date of this release, and Dyax undertakes no obligations to update
or revise these statements, except as may be required by law.
Dyax, the Dyax logo and KALBITOR are registered trademarks of Dyax Corp.
Ivana Magovčević-Liebisch, 617-250-5759
Vice President Corporate
Development and General Counsel
Director, Investor Relations and
Source: Dyax Corp.
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