FREMONT, Calif., Feb. 2 /PRNewswire-FirstCall/ -- Protein Design Labs,
Inc. (PDL, the "Company") (Nasdaq: PDLI) announced today that the European
Patent Office, Opposition Division (OD), has revoked the claims in its second
European antibody humanization patent EP 0 682 040. The OD based its decision
on formal issues and did not consider substantive issues of patentability. The
OD announced its decision at an oral hearing in Munich, Germany.
PDL plans to appeal the decision to the Technical Board of Appeal at the
European Patent Office. The appeal will suspend the legal effect of the
decision of the OD during the appeal process, which is likely to take several
years.
The decision announced today with respect to PDL's second European
humanization patent has no effect on PDL's first antibody humanization patent,
which remains in effect. In November 2003, the Technical Board of Appeal of
the European Patent Office issued a decision in regard to PDL's appeal of a
March 2000 decision of the Opposition Division, which had revoked broad claims
in PDL's first European humanization patent, EP 0 451 216, for similar formal
reasons. The Technical Board of Appeal upheld PDL's appeal and set aside the
prior OD decision. The Technical Board of Appeal ordered that certain claims
be remitted to the Opposition Division for further prosecution and
consideration of substantive issues of patentability (novelty, enablement and
inventive step). The claims remitted by the Technical Board of Appeal cover
the production of humanized antibody light chains that contain amino acid
substitutions made under PDL's antibody humanization technology. Such further
prosecution and consideration of substantive patentability issues by the OD
with respect to PDL's first antibody humanization patent is still pending.
PDL has fundamental patents in the field of humanized monoclonal
antibodies in the United States, as well as additional patent applications in
Europe and Japan. This decision of the OD has no legal impact on these other
patents and patent applications. The patent laws and how they may be applied
to any particular patent differ in the United States, Europe and Japan.
This press release contains certain forward-looking statements that
involve risks and uncertainties which could cause PDL's actual results to
differ materially from those discussed above, including PDL's ability to
successfully enforce its rights under other similar patents, and the timing of
future actions with respect to our patents. Additional factors that might
cause such a difference include, but are not limited to those discussed in the
Company's Annual Report on Form 10-K for the year ended December 31, 2003, and
in its quarterly report on Form 10-Q for the period ended September 30, 2004,
and in other SEC filings.
Protein Design Labs is a leader in the development of humanized antibodies
to prevent or treat various disease conditions. PDL currently has antibodies
under development for autoimmune and inflammatory conditions, asthma and
cancer. PDL holds fundamental patents for its antibody humanization
technology. Further information on PDL is available at http://www.pdl.com.
NOTE: Protein Design Labs and the PDL logo are registered U.S. trademarks
of Protein Design Labs, Inc.
SOURCE Protein Design Labs, Inc.
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Related links:
http://www.pdl.com
CONTACT:
James R. Goff, Senior Director, Corporate
Communications of Protein Design Labs, Inc., +1-510-574-1421, or
jgoff@pdl.com
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