ImClone Systems Incorporated has announced that the US District Court in Manhattan has issued a decision in favour of Yeda Research and Development Company in a case involving the inventorship of a patent that ImClone Systems licenses from sanofi-aventis. The Court ruled that three scientists associated with Yeda are sole inventors of the patent, which covers the use of certain monoclonal antibodies in combination with anti-neoplastic agents for the treatment of cancer.

The company disagrees with the Court's decision, believes that the former Aventis scientists originally named, as inventors are the correct inventors of the patent and intends to file an appeal. In the short-term, ImClone Systems does not believe that the decision will materially adversely impact its operations, including the sale of Erbitux in combination with chemotherapy.

The company will consider its marketing and intellectual property position in conjunction with the appeals process to determine the long-term impact, if any, on the company's operations.

ImClone Systems also believes that the consequence of the decision transferring inventorship to Yeda invalidates any claims in the patent under current patent law because, among other arguments, the Yeda scientists long ago abandoned any rights the may have had in the invention by failing to file their own patent application. Accordingly, the company plans to file a declaratory judgment action against Yeda seeking a declaration of patent invalidity and non-infringement in the instance where Yeda maintains sole inventorship.