HGS, Immunex Discovery May Go Beyond USPTO

Law360 (April 10, 2008, 12:00 AM EDT) -- A judge ruled on Tuesday that discovery in a patent dispute between pharmaceutical company Human Genome Sciences and rival Immunex Corp. over a type of protein that can be used to detect tumors can cover subjects the U.S. Patent and Trademark Office didn't address in an earlier interference proceeding.

HGS filed the case in the U.S. District Court for the District of Delaware last year. The company asked the court to review the USPTO's Board of Patent Appeals and Interferences' decision that U.S. Patent Number 6,872,568...
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