Sigma-Aldrich, Oxford BioMedica win key ruling in Open Biosystems patent infringement dispute

Sigma-Aldrich, a life science company dedicated to providing state-of-the-art chemical and biotechnology products to the world''s researchers and listed on Nasdaq, along with leading gene therapy company, the London Stock Exchange-listed Oxford BioMedica, have announced that they have received a key order confirming the strength and validity of intellectual property owned by Oxford BioMedica and licensed exclusively in the research field to Sigma-Aldrich.

The ruling was part of the construction of patent claim terms in the patent infringement suit brought against Open Biosystems, Inc by Oxford BioMedica. The suit, pending in the US District Court for the Eastern District of Missouri, alleges that Open Biosystems infringes Oxford BioMedica''s US Patents (Nos. 6,924,123 and 7,056,699) entitled Lentiviral LTR Deleted Vector, which are owned by Oxford BioMedica and exclusively licensed to Sigma-Aldrich for research use, by selling, among other products, Open Biosystems'' Lentiviral shRNAmir Library.

In his order US District Judge Charles A. Shaw concluded "that the constructions of the disputed terms and phrases proposed by plaintiff are correct."

"We are gratified and very pleased that the court has adopted Sigma''s and Oxford''s definitions of all disputed claim terms in this case," said David Smoller, president, Research Biotechnology Business Unit of Sigma-Aldrich.

Smoller added, "This order reinforces Sigma''s belief that the Oxford Biomedica patents are "core patents" in the RNA-interference field, and validates Sigma''s decision to license these patents and make other significant investments in creating a comprehensive portfolio of intellectual property that allows our customers to use this extraordinary technology without fear of interference or unfair competition. We will continue to vigorously defend Oxford''s extraordinary inventions and Sigma''s investment in this valuable intellectual property."

Peter Nolan, SVP commercial development at Oxford BioMedica, said, "I am delighted with this order, which validates Oxford BioMedica''s patents and strengthens our position in this field."