Cephalon Loses Round In JHU Leukemia Patent Suit

Law360, New York (December 21, 2009, 6:11 PM EST) -- A Delaware judge has handed Cephalon Inc. a partial defeat in its attempt to wrest a patent from a Johns Hopkins University researcher whose leukemia research the drug company sponsored, saying Cephalon does not own the autoimmune invention under one of the agreements at issue.

There is a genuine issue of material fact concerning whether Dr. Donald Small conceived the disputed invention directly in the conduct of the research agreement, Vice Chancellor Donald F. Parsons Jr. ruled Friday in the Delaware Chancery Court.

Cephalon entered into...
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