This Day On The Street
Continue to site
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Northwest Bio Reaffirms Its Freedom To Operate; Refutes Other Parties' Misleading Patent Assertions





                      



BETHESDA, Md., Dec. 19, 2011 /PRNewswire/ -- After obtaining confirmatory opinions from multiple experts in patent law, Northwest Biotherapeutics (OTC.BB: NWBO) (NW Bio) today reaffirms that its lead program, applying DCVax ®-L for treatment of brain cancer, continues to have clear freedom to operate with respect to US Patent 7,939,090 (the '090 patent), recently issued to Cedars Sinai, and licensed to Immunocellular Therapeutics (IMUC) (collectively, Cedars Sinai/IMUC). Contrary to numerous misleading claims by certain parties, the '090 patent is extremely narrow and limited, and neither DCVax-L nor NW Bio's treatment regimen infringes upon the '090 patent.  All of the information about the '090 patent is publicly available online from the US Patent and Trademark Office (USPTO).

(Logo: http://photos.prnewswire.com/prnh/20110329/SF73084LOGO)

Cedars Sinai/IMUC applied for a broad scope of patent and tried repeatedly, through an unusually protracted process lasting nearly eight years, to get it allowed by the USPTO.  However, the broad scope was repeatedly rejected by the USPTO and was never granted.  One of the many bases for the rejections explicitly cited by the USPTO was the work by Dr. Linda Liau and NW Bio with DCVax, stretching back years prior to the 2003 patent application by Cedars Sinai/IMUC, which was the same DCVax product and program that NW Bio now has in late stage clinical development.  

In order to get even a narrow scope of patent claim granted, Cedars Sinai/IMUC had to explicitly argue to the USPTO that the subject matter of their patent application was different than the prior work of NW Bio and Dr. Liau with DCVax.  In addition, Cedars Sinai/IMUC had to drop all but one of the operative (i.e., "independent") claims in their application in order for their patent to finally be granted. 

The sole independent claim that was finally granted in the '090 patent has two parts -- part "(a)" and part "(b)" -- and they must both be satisfied in order to find any infringement.  The claim provides as follows:

1.  A method for treating a glioma in a mammal, the method comprising:

1 of 5

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Submit an article to us!
SYM TRADE IT LAST %CHG

Markets

DOW 17,928.20 -142.20 -0.79%
S&P 500 2,089.46 -25.03 -1.18%
NASDAQ 4,939.3270 -77.6020 -1.55%

Partners Compare Online Brokers

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs