Pharmaceuticals, Inc. (Nasdaq: ALNY), a leading RNAi therapeutics
company, announced today that the U.S. District Court of the District of
Massachusetts has ruled in favor of Alnylam and has denied Tekmira
Pharmaceuticals Corporation's motion to dismiss
certain claims and motion to disqualify
Alnylam's counsel in an infringement suit filed in January 2012. The
infringement suit against Tekmira is based upon Alnylam's allegations
that Tekmira has improperly provided lipid nanoparticle (LNP)-formulated
small interfering RNA (siRNA) molecules to pharmaceutical collaborators.
As announced today, the Court has ruled that Alnylam has standing in
suing Tekmira for infringement of several patents that Tekmira has
exclusively licensed to Alnylam. In addition, Alnylam announced today
that it has expanded the infringement action with a suit in Canada.
"Alnylam has contracts with Tekmira granting us exclusive rights to
deploy LNP technologies in the RNAi field, and we are resolute in
enforcing our intellectual property against infringement," said Laurence
Reid, Ph.D., Senior Vice President, Chief Business Officer of Alnylam.
"In this regard, we are pleased with the ruling of the Federal Court
that has confirmed Alnylam's rights to enforce certain in-licensed
patents against infringing activities. In addition, Alnylam has multiple
other patents that protect our innovative discoveries, including the
patent used in our expanded infringement action against Tekmira in
As alleged in the complaint filed in January 2012, Tekmira's activities
are not protected under the exemption from patent infringement for drug
development. As described in the complaint, Tekmira has allegedly
infringed a number of issued patents related to siRNA and LNP
technologies, including: U.S.
Patent No. 7,695,902; U.S.
Patent No. 6,858,225; U.S.
Patent No. 6,815,432; U.S.
Patent No. 6,534,484; U.S.
Patent No. 6,586,410; and, U.S.
Patent No. 6,858,224. Under Alnylam's contractual right to enforce
Isis' patent U.S. Patent No. 7,695,902, Alnylam joined Isis to the suit
as a co-plaintiff.
In addition, Alnylam today has expanded its infringement action against
Tekmira to include CA
Patent No. 2,359,180. In a complaint filed today in the Federal
Court of Canada, Alnylam alleges Tekmira is infringing this patent in
its collaboration activities and in its own research and development
Alnylam Pharmaceuticals, Inc.