Intellect Neurosciences, a biopharmaceutical company focused on disease-modifying therapeutic agents for Alzheimer's disease, submitted a statement setting out its grounds for appealing the European Patent Office's (EPO) preliminary decision to revoke the company's Antisenilin (bapineuzumab) patents.
The decision followed a challenge by major pharmaceutical companies co-developing bapineuzumab, currently in phase III clinical trials.
The submitted statement explains in detail why the opposition proceedings initiated by Elan and Wyeth on April 30, 2009 and maintained by Pfizer and Johnson & Johnson are not supported by the facts. Intellect Neurosciences remains confident its grounds of appeal will lead to a reversal of the preliminary decision by the EPO that was based on a primarily formalistic objection. The notice of opposition to Intellect's patents did not include allegations regarding lack of inventiveness or novelty.
"We are determined to protect our dominating patent position despite the bullying tactics by major pharmaceutical companies aiming to intimidate and undermine a company with the small size and limited resources of Intellect Neurosciences,” said Daniel G. Chain, Ph.D., Intellect's chairman and CEO. “Those actions are disappointing because we had previously demonstrated our willingness to provide licenses under favorable terms to various developers of antibodies based on our Antisenilin platform technology.”
Chain added, “We intend to vigorously pursue a reversal of the EPO's preliminary decision, and we intend to vigorously pursue patent protection for this technology in our other patent filings. Perhaps those companies involved in the challenge will reconsider their positions and desist from further action.”