Northwest Biotherapeutics refutes patent assertions

After obtaining confirmatory opinions from multiple experts in patent law, Northwest Biotherapeutics (OTCBB: NWBO) has reaffirmed that its lead program, applying DCVax-L for the treatment of brain cancer, continues to have “clear freedom to operate” in spite of U.S. patent 7,939,090 (the 090 patent) recently issued to Cedars Sinai, and licensed to Immunocellular Therapeutics (NASDAQ:IMUC).

“Contrary to numerous misleading claims by certain parties, the 090 patent is extremely narrow and limited, and neither DCVax-L nor Northwest’s treatment regimen infringes upon the 090 patent,” Northwest said in a statement.

It points out that Cedars Sinai/IMUC applied for a broad scope of patent and tried repeatedly, through an unusually protracted process lasting nearly eight years, to get it allowed by the U.S. Patent and Trademark Office.

“However, the broad scope was repeatedly rejected by the USPTO and was never granted,” Northwest said, adding that “one of the many bases for the rejections explicitly cited by the USPTO was the work by Dr. Linda Liau and Northwest with DCVax, stretching back years prior to the 2003 patent application by Cedars Sinai/IMUC, which was the same DCVax product and program that Northwest now has in late-stage clinical development.”

Northwest is “justifiably confident that we do not infringe the 090 patent, and are prepared to assert all of our rights and remedies,” CEO Linda Powers said.  “The 090 patent is neither a barrier nor even a speed bump in the way of our development and future commercialization of DCVax.”