USPTO reaffirms the validity of ExonHit Therapeutics' SpliceArray patent

Oct 26 2009

USPTO reaffirms the validity of core SpliceArray™ patent

ExonHit (Paris:ALEHT) is pleased to announce that the United States Patent and Trademark Office (“USPTO”) notified the Company of its intent to issue a Re-examination Certificate in connection with ExonHit’s US Patent n° 6,881,571 directed to the use of its SpliceArray™ technology.

The validity of this patent had been challenged as a defense in a patent infringement lawsuit initiated by ExonHit in 2007 against Jivan Biologics, Inc. (Jivan) before the US District Court for the Northern District of California. As often occurs in patent litigation in the United States, Jivan petitioned the USPTO to re-examine the validity of ExonHit’s patent. The USPTO granted Jivan Biologic’s petition in 2008, and the Court stayed the lawsuit pending the outcome of the re-examination.

“This decision by the USPTO strengthens ExonHit’s IP position and the validity of this patent has been confirmed for the second time in the US. ExonHit holds an equivalent European patent that was granted by the European Patent Office without opposition,” commented Dr. Loïc Maurel, M.D., President of the Management Board of ExonHit Therapeutics. “This decision rewards ExonHit’s determination to defend its intellectual property.”

All rejections have been withdrawn and all claims are allowed, in view of clarifying amendments made to two of the claims.

The USPTO Notice will be followed by the publication of a Re-examination Certificate. Additionally, the California litigation may resume and the case be disposed of by the Court.