Biogen, along with the University of Zurich, accuses New York-based Creative Biolabs of infringing U.S. Patent No. 8,906,367. The patent is said to cover an antibody, Aducanumab, that Biogen is investigating as a treatment for early Alzheimer’s disease. Biogen licensed the antibody from a Swiss biotech company, Neurimmune Therapeutics, who had itself licensed the antibody and accompanying intellectual property from the University of Zurich. The antibody was developed from antibodies in healthy, aged donors who did not have Alzheimer’s, under the theory that these individuals’ immune systems had successfully resisted the disease, and the treatment has reduced the plaques that are a marker of the disease in animal studies. Biogen is presently working in collaboration with pharmaceutical company Eisai in clinical development and commercialization of the antibody, which is also known by the widely-used designation “BIIB037,” and is currently seeking regulatory approval for its use, currently back in trials after having previously been pulled. In addition to patent infringement, Biogen asserts that Creative Biolabs infringes Biogen’s trademark rights in the “BIIB037” alternate designation, which Biogen believes will cause confusion or mistake as to the origin, sponsorship or approval of Creative Biolabs’ aducanumab products. Biogen also asserts violation of 93A. The case is with Magistrate Judge Cabell.
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