Both Immunomedics Inc. and NeoRx Corp. on Monday claimed thatthey got the better of a New Jersey Federal District Court decisionregarding NeoRx's patent infringement lawsuit. The end result wasthat Immunomedics failed to get the suit dismissed.The suit, dating back to 1991, alleges that Immuno-medics infringedon NeoRx's patent, No. 4,877,868, relating to certain techniques fordirect labeling of antibodies with technetium and rhenium isotopes.Immunomedics claims its method does not infringe on the "RenoPatent."Immunomedics, of Morris Plains, N.J., filed for summary judgment,claiming that its actions were allowable because they reasonablyrelated to activities supporting the FDA product-approval processunder federal statute 35 U.S.C. Section 271(e), which in some casesallows pre-approval infringement exemptions.NeoRx, of Seattle, alleged five acts that constituted infringement, andthe judge allowed two of them. "All we had to do is win one, and wewon on two," Jeff Miller, Immunomedics' senior vice president ofbusiness development and legal affairs, told BioWorld. "Now the casecan go forward (to trial)."Amy Factor, executive vice president of Immuno-medics, toldBioWorld the judge's decision "was a moral victory." The company'schairman and chief executive officer, David Goldenberg, said, "We arepleased the court agreed with our arguments in the vast majority of theissues."But Paul Abrams, president and Chief Executive Officer of NeoRx,said, "We are certainly pleased that Immunomedics' attempt to delayour infringement case under this exemption has been properlyquashed." _ Jim Shrine
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