Chiron Suing Genentech Over Herceptin
Chiron was granted the '561 patent on April 25, 2000. This patent is directed to monoclonal antibodies that bind selectively to human breast cancer cells, specifically, the c-erbB-2 (HER-2) antigen. The newly issued patent is the latest in a series of patents first issued in 1988 to Cetus Corp., which later was acquired by Chiron. These patents, based upon an application originally filed in 1984, reflect Chiron's work to identify specific antigens that can be used to diagnose and treat breast cancer. Chiron scientists, including '561 patent inventors David Ring and Arthur Frankel, are acknowledged to have pioneered development of the first anti-c-erbB-2 monoclonal antibody, which laid the foundation for Hercetin use in cancer immunotherapy.
Herceptin, a monoclonal antibody, is one of Genentech's largest sources of revenue. It had sales in 1999 of over $188 million, which set a record for first-year sales of any anti-cancer treatment.
Genentech spokeswoman Sabrina Johnson said the company plans to vigorously defend itself in the lawsuit. "And we have every confidence the courts will find in our favor," she added.
"We reject the claim in the lawsuit that our product infringes Chiron's patent. Furthermore, we believe Chiron's patent is invalid on several grounds," said Johnson, who declined to cite specifics.
Chiron's vice president and chief patent counsel said, "We wholly support the application of this monoclonal antibody technology to benefit the breast cancer community and are excited to license the technology, on commercially reasonable terms, to Genentech and others. So far, our negotiations with Genentech have failed to result in a viable license agreement for Herceptin, and thus we are compelled to bring legal action to protect our patent property."