MIT's Claim Construction Prevails In ImClone Suit

Law360, New York (August 8, 2007, 12:00 AM EDT) -- A judge handed down a favorable ruling on Tuesday for the Massachusetts Institute of Technology and pharmaceutical company Repligen Corp., largely adopting their proposed claim construction in their heated patent dispute with ImClone Systems Inc.

The patent in question describes a method for producing antibodies from DNA. MIT and Repligen have alleged that ImClone uses the process to manufacture its profitable cancer drug Erbitux.

During the Markman hearing in the case, ImClone had argued that one term in the patent, “tissue specific mammalian cellular enhancer,” was...
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