Judge Orders ImClone's Scientists Off Patent

Law360, New York (September 19, 2006, 12:00 AM EDT) -- Scientists at biopharmaceutical company ImClone Systems Inc. copied the work of three Israeli researchers before securing a patent for the firm's top-selling cancer drug, according to a federal judge’s highly anticipated ruling Monday.

The 140-page opinion ordered the U.S. Patent and Trademark Office to strike ImClone’s scientists from the patent for Erbitux, its popular and spendy cancer therapy, and replace them with a trio of inventors from plaintiff Yeda Research and Development Ltd.

The order was penned by Judge Naomi R. Buchwald in the U.S. District...
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