hello micha,
> *** MEXICAN BEAN BIOPIRACY ***
> US-Mexico Legal Battle Erupts over Patented "Enola" Bean
> Plant Breeders' Wrongs Continues
almost the same as the "amaranth" case. moral seems to be
declining. let's look on what cgiar will say to it. and let's
hope there will be some active NGO (some hopwefully call them
Non-GOVERNABLE Organisations) in mexico.
but don't be too desperateraly disappointed. it's like i said
last year: the wolfes are just starting to kill themselves:
COURT RULES ROCHE TAQ PATENT OBTAINED BY FRAUD
For Immediate Release
MADISON, WISCONSIN, USA (December 7, 1999)
Remaining Taq and PCR Patents Worldwide May Fall
A Federal District Court today ruled that "[a]ll claims of the
'818 patent are . . . unenforceable", and in so doing found that
a key biotechnology patent owned by Hoffmann-LaRoche on Taq
polymerase was obtained by fraud on the U.S. Patent and Trademark
Office. The current global market for Taq sales alone is
estimated to approach $200 million annually.
In carefully worded and lengthy written findings, Judge Vaughn
Walker of the Northern District of California in San Francisco
concluded that the patent was obtained by fraud. In eight
separate instances, the Court found that the patent holder had
intentionally withheld material information and distorted
important facts in obtaining the patent.
The patent at issue-the '818 Taq patent--involves an enzyme, Taq
DNA polymerase, which is a critical component in such important
biotech processes as polymerase chain reaction (PCR) and gene
sequencing. PCR is key to genetic identification and analysis,
and researchers use both processes extensively worldwide in
pursuit of prevention of or cures for disease.
The Court's decision renders this primary Taq patent
unenforceable and sets the stage for a finding of unenforcability
for all related Taq and PCR patents. This is a major blow to
Hoffmann-LaRoche, putting in jeopardy its entire Taq and related
PCR patent portfolio. It also undermines the current PCR
licensing strategy of both Roche and its licensing partner,
Perkin-Elmer, both of whom rely heavily on sales of licensed Taq
to obtain PCR royalties.
The Court based its decision on extensive testimony and
documentary evidence presented by Madison, Wisconsin-based
Promega Corporation during a four-week trial in February 1999.
Hailing the decision as a victory for the scientific research
community, Promega Chairman and CEO, William Linton, stated, "The
decision is a significant victory, particularly for the research
community. The Court has reaffirmed the importance of honesty and
integrity on the part of scientists and companies in the pursuit
of patents. The decision also recognized the seminal discoveries
of Professor John Trela and his lab in 1974 and Dr. Kaledin in
1980, who first published the isolation and purification of this
key enzyme in the scientific literature."
The Court found the evidence of fraud in this case to be
overwhelming. Dr. Randall Dimond, Chief Technical Officer for
Promega, noted, "We are pleased that the Court validated what the
worldwide scientific community has believed for years: that Taq
was first purified by others, and that Cetus must have
misrepresented facts to the US Patent Office in order to obtain
the patent. Soon after Roche sued Promega in 1992, we uncovered
evidence of Cetus' fraudulent actions in obtaining the Taq patent
in the US and immediately brought it to the attention of senior
Roche officials. Unfortunately, Roche chose to ignore the fraud,
instead continuing a pattern of deception by obtaining equivalent
patents in other countries. The Court's decision finally puts an
end to their deception and to the huge profits they've reaped
from that deception at the expense of the scientific community
worldwide."
James Troupis of Michael Best & Friedrich LLP, lead counsel for
Promega, notes that cases involving fraud of this scope and
magnitude are rare. "The U.S. patent system grants monopolies to
patent holders in exchange for complete candor and disclosure.
Judge Walker's comprehensive findings and conclusions reaffirm
that where there are gross abuses of this duty of candor, such as
occurred in this case, they will not be tolerated."
In addition to the financial impact of lost sales and royalties,
Roche faces the prospect of monetary damages and other sanctions.
----THIS WILL DEFINITELY have an impact on the development of biotechnology companies!
a praise to RAFI !!
klaus
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