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Northwest Bio Reaffirms Its Freedom to Operate; Refutes Other Parties' Misleading Patent Assertions
Date:12/19/2011

ependent claim that was finally granted in the '090 patent has two parts -- part "(a)" and part "(b)" -- and they must both be satisfied in order to find any infringement.  The claim provides as follows:

1.  A method for treating a glioma in a mammal, the method comprising:

(a)     administering at least one vaccination of dendritic cells ("DC") to said mammal suffering from a glioma, wherein the [sic] at least one vaccination of DC comprises autologous DC that present autologous glioma antigens;

and

(b)    after glioma recurrence following (a), administering a regimen of chemotherapy to said mammal, wherein said regimen of chemotherapy includes the administration of at least one chemotherapeutic agent selected from the group consisting of temozolomide, procarbazine, vincristine, BCNU, CCNU, thalidomide, irinotecan, isotretinoin, imatinib, etoposide, and combinations thereof.

Thus, this patent claim only covers situations where the method of treatment used includes BOTH steps (a) AND (b).     

  • The 090 patent does not cover the combination of a dendritic cell based vaccine treatment combined either before or concurrently with chemotherapy at the recurrence of cancers of the central nervous system. 

Furthermore, to be within the scope of the '090 patent, it is not even enough to do both steps (a) and (b)….. the steps must be performed in a precise sequence, and they must straddle the timing of the recurrence of the glioma tumor.  Step (a), the dendritic cell vaccination, must occur first and specifically be before the tumor recurrence, and step (b) must follow step (a) and specifically be after the tumor recurrence.  The '090 patent is limited to this precise sequence and timing. 

Cedars Sinai/IMUC tried
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