I. INTRODUCTION
The interference was declared on 15 May 2000 between junior party Glaxo Wellcome
Inc. ("Glaxo") and senior party Shmuel Cabilly, Herbert L. Heyneker, William E. Holmes,
Arthurs D. Riggs, and Ronald B. Wetzel ("Cabilly"). A hearing on preliminary and other
motions was held on 18 September 2001.
Brief summary of the involved technology
The invention defined by Count 1 is broadly directed to a method of treatment using
antibodies expressed by Chinese hamster ovary ("CHO") cells. The antibodies may be produced
by transfecting CHO cells with two separate vectors. One vector is capable of expressing the
heavy chain of the desired antibody and the other vector is capable of expressing the light chain
of the desired antibody (5,545,403 (“'403") at 3:4-8). The heavy and light chains assemble
within the CHO cell and a functional antibody is secreted into the cultural medium ('403 at 5:33-
37). The CHO cells may be used to express chimeric antibodies comprising a human constant
region and a non-human variable region. These chimeric antibodies are said to result in
antibodies that are less likely to elicit an unintended immune response in a human to be treated
(Exh. 2103 at 11-12).
Diseases including cancer and T-cell mediated disorders, are said to be treatable with the
CHO cell expressed antibodies ('403 at 8-18).
The parties seem to agree that the antibodies that are appropriately the subject matter of
the interference are glycosylated by the CHO cells expressing them (Paper 51 at 5-6 and Paper
106 at 12). All the Glaxo involved claims expressly state that the claimed antibodies have been
glycosylated by CHO cells. Glaxo discloses that antibodies glycosylated by CHO cells have
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Last modified: November 3, 2007