Genentech is challenged

The U.S. Patent & Trademark Office has issued an initial action rejecting the claims of Genentech's U.S. patent number 6,331,415 on the grounds that it replicates an earlier Genentech patent set to expire in March 2005. Known as the Cabilly patent, the newer patent covers antibody production techniques. Genentech has licensed the patent to other firms and says it reaps “substantial” royalties from those licenses. The action stems from a reexamination request filed by a third party. Genentech says a final resolution of the reexamination could take several years and that the patent remains valid in the meantime.