Avid Bioservices Inc (CDMO)

[north40000]

Biopharm, your reference to 1996, Lonza and DNA brought back some memories. In 1996, Lonza.acquired
Celltech U.S. and G.Brit. to obtain its mammalian cell culture and monoclonal antibody properties---one of those properties undoubtedly was the important Boss patent relating to CHO cell production of mabs. Boss had won an interference proceeding in the PTO against DNA inventors including Cabilly. That victory was short- lived.

DNA appealed the PTO decision to a federal district court. At DNA's counsel request, I met with them in Scottsdale, AZ for a 2-day meeting at the Phoenician. Also there was Dennis Kleid, one of DNA's earliest employees--a man who was a walking library of DNA records and history from his days as a researcher and patent agent. I provided advice as to the nature of the evidence DNA might present in district court to obtain reversal of the PTO decision, upon review of the PTO records and other records provided to me.

Suffice to say a settlement occurred in that civil action after subsequent proceedings. As I recall, the Boss patent was either disclaimed or cancelled, and the controversial 2nd Cabilly patent issued I think there must have been agreement that Cabilly et al were the first inventors of the subject matter claimed by Boss after all,
exactly the conclusion I had earlier reached.

Cabilly was widely licensed to the pharma and biotech industries, among them PFE and MEDX. AMGN and MEDI ultimately challenged validity and enforceability of Cabilly II. I have not researched what happened to those challenges.