Replies to post #3934 on ImClone Systems Inc (formerly IMCL)

[biophud]

Dew—a few more questions that reflect my ignorance on patent law.

How do two groups “fence in” the same patent? I thought that a patent gives ONE holder exclusivity on the invention.

If two groups fence in the same idea and one group generates a product based-on the invention, how are the profits split?

Hypothetically, in the case of IMCL/PDLI, if IMCL were to put a humanized AB on the market (I don’t think that this is going to happen), could PDLI demand a high percentage of the sales (as opposed to the 3-5% royalty rate that if receives now on ABs that use its technology)? In this hypothetical, I am talking about a humanized CDR-grafted anti-EGFR. I am not talking about IMCL’s fully-human phage-display antibody.

Couldn’t IMCL pursue an exclusive license with PDLI?

Regards,

biophud