Favourable Decision in EPO Opposition Proceedings

CAMBRIDGE ANTIBODY TECHNOLOGY GROUP PLC 15 October 1999 For Further Information Contact: Cambridge Antibody Technology Group plc Dr David Chiswell, Chief Executive Officer Tel: +44 (0) 1763 263233 Diane Mellett, Company Secretary/VP Legal Affairs Rowena Gardner, Communications Manager HCC.De Facto City/Financial, Sue Charles/Rebecca Hennessy Tel: +44 (0) 171 496 3300 Trade/Science, Nikul Odedra FAVOURABLE DECISION IN EPO OPPOSITION PROCEEDINGS Melbourn, UK Cambridge Antibody Technology ('CAT') reports that in a hearing in Munich yesterday, the European Patent Office ('EPO') has upheld its European patent 'Cloning Immunoglobulin Variable Domain Genes ' (Winter II) which was the subject of opposition proceedings brought by MorphoSys of Germany. Claims 1-31 of the patent were unaltered by the proceedings and the Opposition Division accepted a modification of Claim 32 proposed by CAT. CAT has been advised that Morphosys' HUCAL Library is covered by the patent as upheld at yesterday's hearing. Notes: Cambridge Antibody Technology (LSE: CAT) is a UK biotechnology company using its proprietary technologies in fully human monoclonal antibodies for drug discovery and drug development. Based in Melbourn, 10 miles south of Cambridge, England, CAT currently employs around 150 people. In March 1997, CAT completed its initial public offering and listing on the London Stock Exchange, raising approximately £41 million. CAT has a world-leading platform technology for rapidly isolating fully human monoclonal antibodies using phage display systems. CAT has an extensive phage display antibody library, currently incorporating around 100 billion distinct antibodies. This library forms the basis for the company's strategy to develop a portfolio of clinical development programmes and for discovering new drug leads using functional genomics. Three fully human therapeutic antibodies developed by CAT are at various stages of clinical trials. CAT has a number of license and collaborative agreements in place with pharmaceutical and biotechnology companies including: Eli Lilly, Pfizer, BASF Pharma, Genentech, ICOS Corporation, Genetics Institute/BASF Pharma, Wyeth-Ayerst, Human Genome Sciences and AstraZeneca. Opposition Procedures. European patents can be challenged at the European Patent Office ('EPO') up to nine months after grant. The opposing party files a written opposition to the patent, to which the Patentee can respond in writing. After a preliminary ruling, by the Opposition Division ('OD'), the parties may request Oral Proceedings to resolve the dispute. The Patentee may submit a number of alternative claims (auxiliary requests) for consideration should the OD object to the original claims. Either party may appeal against the decision reached by the OD at Oral Proceedings. Related Legal Action. CAT has commenced legal proceedings against MorphoSys in Germany. This action claims infringement by MorphoSys, not only of the Winter II patent (the subject of this Opposition hearing), but also of another CAT patent, McCafferty (display of scFv on phage). This legal action is ongoing. Claim 32. Claim 32 now reads 'an expression library comprising a repertoire of third CDR sequences, said sequences being located in an otherwise invariant VH gene.'
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