GSK Backed By Fed. Circ. In Leukemia Drug Patent Suit

Law360, New York (April 16, 2013, 5:47 PM EDT) -- The Federal Circuit on Tuesday determined that GlaxoSmithKline LLC's leukemia drug Arzerra doesn't infringe a Biogen Idec Inc. and Genentech Inc. patent covering an antibody therapy.

In a split decision, the appeals court affirmed a California district judge's construction of a disputed claim term, “anti-CD20 antibody,” that narrowed Biogen's patent. The finding is based upon a determination that Biogen made a clear disclaimer during the prosecution history of its patent that limited the scope of the patent term.

“We conclude that the district court did not...
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