Pfizer Prevails in Dispute Over Isolated DNA Patent

In The News
November 5, 2013

On Nov. 5, Pfizer Inc. prevailed in the U.S. Court of Appeals for the Federal Circuit in Sanofi-Aventis v. Pfizer Inc. The case involved a question of first impression: what is required for invention of an isolated cDNA that was claimed by its sequence of nucleotides—possession of the cDNA and a recognition of its activity, or having an actual complete and correct nucleotide sequence of the cDNA. 

The Court’s precedential opinion affirms the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office’s decision to award priority of invention to Junior Party Pfizer, who had isolated the cDNA and had obtained a partially correct nucleotide sequence of it.

Ropes & Gray represented Pfizer in the matter.

Ms. Li was quoted in articles published in Intellectual Property Magazine (Nov.7), Life Sciences Intellectual Property Review (Nov. 6) and Law360 (Nov. 5).