Thursday, February 22, 2007

MedImmune v. Genentech: USPTO Issues Final Rejection in Reexamination

While the Supreme Court was deciding issues of standing, a good number of people wondered: "who needs standing when you have reexamination?"

Well the USPTO recently issued final rejections on Genentech's "Cabilly" patents (4,816,567 and 6,331,415). All of the claims of both patent were deemed invalid by the examiner.

Multiple 102 and 103 rejections were issued based on various prior art against the '567 patent. Also, all of the claims of the '415 patent were rejected on multiple non-statutory obviousness-type rejection based on the earlier ('567) patent, as well as other prior art.

Genentech has one more opportunity to respond to the rejections, and, if unsuccessful, will head to the BPAI on appeal.

  • To view the (consolidated) USPTO files for the '567 and '415 patent, click here.
  • Read yesterday's press release on the reexamination here.

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