Wednesday, April 10, 2013

Cyclacel and Celgene Settle Dispute for $5.5 Million

A declaration of non-infringement was filed on Apr 27, 2010 by Celegene against a series of patents owned by Cyclacel - ‘Skov Patents’ listed below:
  • 6403555 entitled Depsipeptide and congeners thereof for use as immunosuppressants
  • 6548479 entitled Therapeutic uses of depsipeptides and congeners thereof
  • 6828302 entitled Therapeutic uses of depsipeptides and congeners thereof and
  • 7041639 entitled Depsipeptide and congeners thereof for use as immunosuppressants
All these patents are currently assigned[i] to Cyclacel (Source: Assignment Database) and expire[ii] on Dec 06, 2020.

The declaratory judgment complaint seeks to have the four Cyclacel patents, which claim the use of romidepsin for injection in T-cell lymphomas, declared to be not infringed by Celgene’s product (Istodax® brand name).

Cyclacel then filed counterclaims charging Celgene with infringement of each of four Cyclacel-owned patents (as a result of the merger between Cylcacel Group plc and Xcyte Therapies Inc. in December 2005). Celgene acquired Gloucester Pharmaceuticals in January 2010 that was manufacturing the FDA approved drug Istodax (NDA no. 022393 in December 2009).

The litigation between the parties has now been settled through a sale agreement, wherein Celgene has paid $5.5 million for the four patents.

The parties have filed a dismissal and upon their request the Court ordered dismissal with prejudice on Apr 04, 2013. See the case 1:10-cv-00348 for more details.

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[i] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.
[ii] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

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