Published: March 11, 2010
Precision BioSciences Announces that the European Patent Office Issues Written Decision Confirming Cellectis' Loss of Patent Protection for Single-Chain Meganucleases in Europe
RESEARCH TRIANGLE PARK, N.C. - (BUSINESS WIRE) - Precision BioSciences, Inc., today announced that the Opposition
Division of the European Patent Office (EPO) has issued a written
decision confirming its November 18, 2009 revocation of the previously
granted claims of Cellectis' European Patent No. 1 485 475. As
previously reported, after an oral hearing in an Opposition Proceeding
initiated by Precision BioSciences, Cellectis' previously granted claims
to single-chain meganucleases, including those derived from I-CreI, as
well as Cellectis' claims to most classes of hybrid meganucleases, were
revoked in their entirety. As a result of the interlocutory decision,
Cellectis' patent has been severely restricted such that it now includes
only claims limited to hybrid meganucleases formed by the fusion of an
N-terminal of the I-DmoI meganuclease to a domain derived from the
I-CreI meganuclease.
"We are delighted with the written decision from the EPO's Opposition
Division. This confirms the oral decision issued last November, and
should refute Cellectis' bizarre assertion that the patent had been
'upheld' despite the revocation of the broad claims and the maintenance
of only much narrower claims," said Derek Jantz, Precision BioSciences'
VP of Scientific Development. "In fact, the remaining claims only cover
certain hybrid meganucleases that, to my knowledge, are not currently in
commercial use by anyone."
"We take our legal right to practice our DNE technology very seriously
and will continue to ensure that we are able to do so," said Precision
BioSciences CEO Matthew Kane. "Assuming the interlocutory decision is
upheld on appeal, we are not aware of any third party patents that would
preclude Precision BioSciences and its partners from practicing
Precision's next-generation DNE technology, including our
custom-designed single-chain meganucleases, in Europe unfettered.
Moreover, we look forward to the issuance of Precision BioSciences' own
patents directed to functional single-chain meganucleases and intend to
enforce the claims of those patents vigorously," he added. "Unlike
Cellectis' claims which were revoked in these proceedings, we believe
that Precision's pending claims are the first valid claims to
single-chain meganucleases, and will provide Precision with a
significant competitive advantage if issued in Europe and elsewhere,"
said Mr. Kane.
Cellectis has the right to appeal the decision of the Opposition
Division.
Interested parties can view the interlocutory decision of the EPO's
Opposition Division relating to EP 1 485 475 at: www.precisionbiosciences.com/news.
About Precision BioSciences
Precision's mission is to utilize its engineered endonuclease technology
to become the world leader in the field of genomic molecular biology.
Precision's proprietary Directed Nuclease EditorTM
(DNE) technology enables the production of custom genome editing enzymes
that can insert, remove, modify, and regulate essentially any gene in
mammalian or plant cells.
Precision BioSciences has already produced hundreds of custom
endonucleases for partners and internal development that can precisely
alter naturally occurring sequences within genomes. Precision has
successfully partnered its DNE technology with several of the world's
largest agbiotech firms and is internally developing applications in
biological production and human therapeutics. For additional
information, please visit www.precisionbiosciences.com.
Precision BioSciences
Chelsea Lynam, 919-314-5512, chelsea.lynam@precisionbiosciences.com
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