Shire Pharmaceuticals Wins Patent Dispute Against Emory University, BioChem Pharma

Strategic Insights -

Shire Pharmaceuticals Group plc, in collaboration with BioChem Pharma Inc, has secured a crucial victory in a patent dispute with Emory University relating to the antiviral medication 3TC/Epivir. The US Board of Patent Appeals and Interferences has invalidated Emory University's patent for the medication, a decision that is the latest in a series of rulings worldwide upholding BioChem's patent rights for 3TC/Epivir. This verdict underscores the company's long-held position that the medication was invented solely by BioChem scientists.

Key Takeaways:

  • The US Board of Patent Appeals and Interferences has invalidated Emory University's patent for 3TC/Epivir (lamivudine), a decision that is the latest in a series of rulings worldwide upholding BioChem's patent rights for the medication.
  • The patent dispute was between BioChem and Emory University, with BioChem claiming that Emory was not entitled to the patent, which was granted five years after BioChem Pharma received its pioneering patent covering 3TC/Epivir.
  • BioChem Pharma, in collaboration with Glaxo Wellcome, has the right to develop, manufacture, and sell 3TC/Epivir worldwide, except in Canada, where BioChem Pharma and Glaxo Wellcome have formed a commercialization partnership.
  • The merger between Shire and BioChem is dependent on shareholder approval and the solicitation of such approval has not yet commenced.
  • The potential benefits and synergies of the Merger between Shire and BioChem are subject to risks and uncertainties, including the companies' abilities to consummate the Merger and realise the outlined benefits.

Statistics:

  • The US Board of Patent Appeals and Interferences has ruled that Emory University was not entitled to its patent for 3TC/Epivir.
  • BioChem Pharma received its pioneering patent covering 3TC/Epivir five years before Emory University's patent was granted.
  • The invalidated Emory patent was the basis of the infringement suit filed by Emory against BioChem and its licensee, Glaxo Wellcome.
  • BioChem Pharma receives royalties from Glaxo Wellcome on sales of 3TC/Epivir.

Sources:

  • Shire Pharmaceuticals Group plc (Nasdaq: SHPGY; LSE: SHP.L)
  • BioChem Pharma Inc. (Nasdaq: BCHE; TSE: BCH)
  • U.S. Patent Office
  • Emory University
  • Glaxo Wellcome Group of Companies