ImClone Motion Denied In Erbitux Case

Law360, New York (July 31, 2006, 12:00 AM EDT) -- A federal judge on Friday dismissed ImClone Systems Inc.’s motion for summary judgment, thus setting the stage for a trial in an ongoing patent infringement battle over the cancer drug Erbitux.

In the suit, first filed in 2004, the Massachusetts Institute of Technology and its licensing partner, Repligen Corp., argued that its patented cell line technology is the basis of what’s used to make Erbitux.

Repligen and MIT also claimed that the cell line, patented in 1987, was for research and development only, thereby prohibiting unauthorized...
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