Judge Tosses Protein Patent Suit Against Genentech

By Brendan Pierson (December 18, 2008, 12:00 AM EST) -- A federal judge has dismissed a patent lawsuit filed by biotech company Human Genome Sciences Inc. against rival Genentech Inc. over a patent related to a type of protein that can be used to detect tumors.

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware decided Tuesday not to review a series of orders by the U.S. Patent and Trademark Office in an interference proceeding between a Human Genome patent and a Genentech patent application. Those orders had effectively ended Human Genome's effort to block Genentech's application.

Human Genome filed the suit in March, a month...

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