17 May 2013 - 17 May 2013 - Genentech, part of Swiss Roche (VTX:ROG), and US Biogen Idec (NASDAQ:BIIB) have filed for a re-hearing en banc regarding an appeal case related to a patent infringement lawsuit, ruled in favour of UK GlaxoSmithKline plc (LON:GSK).

In mid-April, the US Court of Appeals for the Federal Circuit upheld the US District Court's ruling in favour of GlaxoSmithKline in a patent suit concerning the drug Arzerra (ofatumumab). Ofatumumab is a human monoclonal antibody targeting an epitope on the CD20 molecule encompassing parts of the small and large extracellular loops (Teeling et al 2006) for the treatment of refractory chronic lymphocytic leukemia (CLL).

The plaintiffs claim the decision from the US Court of Appeals was against court precedent and request the court to review the case. The Court of Appeals will now contemplate whether to allow the re-hearing.

Genentech and Biogen Idec brought the lawsuit in 2010, claiming Arzerra had infringed their US patent No 7,682,612, which covers methods for the treatment of CLL with CD20 antibodies. GlaxoSmithKline denied it had infringed the patent and claimed it was invalid and unenforceable.