The patents, known as “Cabilly” after one of the inventors, are invalid and not infringed by colon cancer and melanoma treatments New York-based Bristol-Myers sells in the U.S., the company’s attorneys claimed in a complaint filed May 3 in federal court in Oakland, California.
“Bristol-Myers Squibb brings this action to lift the cloud created by the imminent threat of defendant’s enforcement of the Cabilly patents against the plaintiffs,” according to the complaint. “Without declaratory relief the threat of enforcement of the Cabilly patents poses a substantial risk to the plaintiffs as well as to patients, nurses and doctors now using Erbitux and Yervoy.”
Erbitux, made by Indianapolis-based Eli Lilly & Co. (LLY)’s ImClone unit, is approved in the U.S. to treat colon cancer and head and neck tumors and sold by Bristol-Myers in the U.S. Yervoy, a melanoma treatment, is manufactured and sold by Bristol-Myers in the U.S.
Genentech’s media office didn’t immediately return a phone message seeking comment on the lawsuit.
Eli Lilly filed a similar lawsuit over the Cabilly patents in March.
The case is Bristol-Myers Squibb v. Genentech, 13-cv-02045, U.S. District Court, Northern District of California (Oakland_
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