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MorphoSys Wins HuCAL-Related Patent Suit Filed By CAT

NEW YORK, March 11 - MorphoSys on Monday said that a US court has ruled in its favor in a patent-infringement suit filed by Cambridge Antibody Technology.

In its final ruling, issued on March 8, a District Court in Washington found that technology related to MorphoSys' HuCAL antibody libraries "does not infringe the claims" of CAT's so-called Griffiths patent. As a result, the German biotech company has "full freedom" to use the libraries.

The ruling, which covers US Patent No. 5,885,793, upholds an earlier preliminary ruling and an order expressed by the court in August and December 2001, respectively, MorphoSys said.

According to MorphoSys, the court sought to answer the question of whether the HuCAL libraries are derived from humans. The court said that 'no reasonable jury could find that the ... library, whose starting point is theoretical analysis of data, is 'derived from a human.'"


CAT said in a statement that it plans to appeal to the Federal Circuit, a process that is expected to take about a year. "CAT disagrees with the Court's interpretation of the 'derived from' issue and is confident that there are strong grounds for appeal," said CEO David Chiswell in a statement.

"The HuCAL library is not what the '793 patent claims," MorphoSys reported the court as saying. 

MorphoSys and CAT are currently engaged in a number of U.S. patent disputes.

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