PDL BioPharma's European patent claims upheld

PDL BioPharma has announced that the Opposition Division of the European Patent Office decided at an oral proceeding to uphold claims in the company's European Patent No. 0 451 216 ('216 patent) that are virtually identical to the claims remitted to the Opposition Division by the Board of Appeal.

The patent covers the production of humanized antibody light chains that contain amino acid substitutions made under PDL's antibody humanization technology and provides specific coverage for our daclizumab antibody.

"We are pleased by the Opposition Division's decision today and believe that the claims as upheld afford us an important level of intellectual property protection," said Mark McDade, chief executive officer, PDL. "Today's decision further solidifies the overall strength of our patent portfolio which, combined with our commercial platform and pipeline assets, forms the foundation of our future growth."

PDL has fundamental patents in the field of humanized monoclonal antibodies in the United States and in Europe, as well as additional patent applications in the United States (U.S.), Europe and Japan. Currently, nine humanized antibody products are marketed for instance in the U.S. and Europe and licensed under PDL's humanization patents.

The opponents in this week's proceeding, which took place in Munich, Germany, have the right to appeal the decision to the Technical Board of Appeal at the European Patent Office. If any of the opponents appeal, the '216 patent would continue to be enforceable during the appeal process. The European Patent Office granted PDL the '216 patent in 1996 and it was initially opposed shortly thereafter.