Radiopharmaceutical firm Immunomedics said it has received a favorable ruling in its patent infringement suit against Cytogen of Princeton, NJ, and C.R. Bard of Covington, GA, relating to their ProstaScint agent.
On June 23, the U.S. Court of Appeals for the District of Columbia Circuit overturned a prior lower-court ruling that found that ProstaScint did not infringe on Immunomedics patents.
On April 14, 2003, the U.S. District Court for the District of New Jersey had ruled against Immunomedics in response to the parties' cross-motions for summary judgment, and determined that ProstaScint did not infringe Immunomedics' U.S. patent No. 4,460,559.
The appeals court, however, overturned the ruling under the doctrine of equivalents, and remanded the case back to the district court. The district court is to further consider whether use of ProstaScint infringes the Immunomedics patent under the doctrine of equivalents, according to Morris Plains, NJ-based Immunomedics.
By AuntMinnie.com staff writers
June 25, 2004
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