U.S. Agency Seeks Reexamination Of Biotech Patent

Law360, New York (February 17, 2005, 12:00 AM EST) -- In a sign of the government’s increasing vigilance in protecting its patent rights, the U.S. Department of Health & Human Services has taken the highly unusual step of requesting an inter-partes reexamination of a patent for an anti-cancer antibody held by biotech company Immunomedics, Inc.

In its filing, the Department of HHS argues that the patent, filed in November 2001, was anticipated by another patent filed in September 1993 by the Department of HHS.

The patent, U.S. patent no. 6,653,104, is for “immunotoxins, comprising an internalizing...
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