On August 8, 2006, Trubion filed an opposition to European Patent 1176981 raising objections as to its validity. Subsequent to the submission of Trubion’s opposition, several other parties filed oppositions to the Genentech patent, including MedImmune, Genmab, Centocor, Glaxo Group, Merck Serono, and Wyeth (now Pfizer).
On September 11, 2008, Trubion said that the opposition division of the EPO had revoked the European patent in its entirety. On February 19, 2009, Genentech and Biogen Idec appealed the decision.
In addition to its opposition, Glaxo Group filed an action with the UK High Court to revoke the UK counterpart of European Patent 1176981, and on May 19, 2008, the UK counterpart was revoked by court order.
The board of appeal, presiding in oral proceedings on June 1, 2010, upheld the original revocation ruling by the opposition division citing that the patent as granted did not meet the requirements for patentability.
Kathleen Deeley, senior vice president and general counsel at Trubion, said: “Today’s decision by the board of appeal is important not only for Trubion but also for patients who rely on companies like ours to innovate and develop more effective, more convenient and safer therapies”
The revocation of the patent claims as originally granted is now final.