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).
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:
Select the service that is right for you!COMPARE ALL SERVICES
Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
- Weekly roundups
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Upgrade/downgrade alerts
Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
- Diversified model portfolio of dividend stocks
- Alerts when market news affect the portfolio
- Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.
- Real Money + Doug Kass Plus 15 more Wall Street Pros
- Intraday commentary & news
- Ultra-actionable trading ideas
Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
- 100+ monthly options trading ideas
- Actionable options commentary & news
- Real-time trading community
- Options TV