IDMI » Topics » Intellectual Property

These excerpts taken from the IDMI 10-K filed Mar 31, 2009.
Intellectual Property
 
Patents
 
Patents and other proprietary rights are critical to our business. We maintain a policy of filing patent applications to protect our technology and products, including our Cell Drugs and other product candidates, processes for preparing our product candidates, pharmaceutical compositions containing such products and, in the United States, methods of treatment of the human body. Some of our patent applications cover key technologies underlying the products in our developmental pipeline and are issued or pending in jurisdictions that are key to our business. We classify our patents and proprietary rights into four groups: dendritic cells, macrophages, cellular technology and immuno-designed molecules. The dendritic cell group contains patents and applications related to Dendritophages. The macrophage group of patents focuses on monocyte-derived macrophages and protects methods for their preparation and their use, including combinations with antibodies. The cellular technology group of patents contains patents and applications protecting different methods or kits usable for preparation of dendritic cells as well as for macrophages. The immuno-designed molecules family of patents represents immune system stimulants and new complexes allowing for efficient modification of cells. It also includes the patents acquired from Jenner Biotherapies, in particular those covering mifamurtide, Jenact and certain tumor antigens, such as prostate specific antigen, or PSA, and KSA. Certain of these have been abandoned and the rest will expire between November 2012 and April 2024.
 
Our policy is to extend patent coverage to countries that represent market opportunities for our products and/or our technology, in order to be able to sell licenses or form partnering alliances for joint development of our technologies in related fields. We also rely on trade secrets, confidentiality agreements and other measures to protect our technology and products.
 
The original patents covering mifamurtide have expired and the one U.S. patent relating specifically to liposomal formulation of mifamurtide was set to expire in November 2007. However, we were granted an interim patent extension that extended the expiration until November 2009. We expect to be able to extend this U.S. patent an additional three years to November 2012. If we receive regulatory approval for mifamurtide and choose to commercialize it, we will have a seven-year period of marketing exclusivity for mifamurtide for the treatment of osteosarcoma in the U.S. as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the FDA. This seven-year period would begin on the date that our marketing application for mifamurtide is approved by the FDA. During this period, the FDA would be barred from approving a third-party’s marketing application for the same drug for the same application. The FDA would not, however, be barred from approving a third-party’s marketing application for mifamurtide for a type of cancer other than osteosarcoma or for a drug other than mifamurtide for the treatment of osteosarcoma, if it is shown to be more effective. Similarly, we will have a 10-year marketing exclusivity in Europe as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the EMEA. The orphan drug designation in the U.S. and Europe for mfiamurtide and the manufacturing process patent may not provide us with adequate protection from competitive products.
 
Most issued patents granted, or deemed to be granted, by the European Patent Office, or EPO, can be validated as individual patents in eight key countries within Europe. As a result of multi-country validation of our EPO patents (coupled with our issued patents and patent applications in non-European countries), our patent portfolio comprised, as of January 2009, a total of 27 issued patents and 7 patent applications.
 
In addition, we have been granted licenses to patents covering several products by our collaboration partners. We have exclusive or non-exclusive rights to 135 licensed patents (109 issued, 26 pending) covering loading and dendritic cell differentiation/maturation technologies as well as tumor antigens. We also have two licenses covering tumor epitopes, one from the National Institutes of Health, or NIH, and one from the Ludwig Institute for Cancer Research.
 
With respect to our technology, know-how and data, we have chosen to protect our interests by relying on confidentiality agreements with our employees, consultants and certain contractors. In addition, we have a policy of entering into confidentiality agreements with our collaborators and licensees.


19


Table of Contents

Trademarks
 
As of February 2009, we have 17 trademarks, including trademarks registered in the U.S., Canada, France, Switzerland, Australia, Japan, Israel and Hungary, as well as Community Trademarks registered in all of the countries of the EU. Our portfolio includes the MEPACT trademark registered in the U.S., the EU, Switzerland and Hungary.
 
We have also filed a trademark application in the EU covering the IDM Pharma logo.
 
We are in the process of reducing our intellectual property portfolio to reduce costs and to more closely match our intellectual property protection with our current product development strategies. Accordingly, only those patents or trademarks that directly protect MEPACT and IDM-2101 are currently planned to be maintained.
 
Intellectual Property
 
Patents
 
Patents and other proprietary rights are critical to our business. We maintain a policy of filing patent applications to protect our technology and products, including our Cell Drugs and other product candidates, processes for preparing our product candidates, pharmaceutical compositions containing such products and, in the United States, methods of treatment of the human body. Some of our patent applications cover key technologies underlying the products in our developmental pipeline and are issued or pending in jurisdictions that are key to our business. We classify our patents and proprietary rights into four groups: dendritic cells, macrophages, cellular technology and immuno-designed molecules. The dendritic cell group contains patents and applications related to Dendritophages. The macrophage group of patents focuses on monocyte-derived macrophages and protects methods for their preparation and their use, including combinations with antibodies. The cellular technology group of patents contains patents and applications protecting different methods or kits usable for preparation of dendritic cells as well as for macrophages. The immuno-designed molecules family of patents represents immune system stimulants and new complexes allowing for efficient modification of cells. It also includes the patents acquired from Jenner Biotherapies, in particular those covering mifamurtide, Jenact and certain tumor antigens, such as prostate specific antigen, or PSA, and KSA. Certain of these have been abandoned and the rest will expire between November 2012 and April 2024.
 
Our policy is to extend patent coverage to countries that represent market opportunities for our products and/or our technology, in order to be able to sell licenses or form partnering alliances for joint development of our technologies in related fields. We also rely on trade secrets, confidentiality agreements and other measures to protect our technology and products.
 
The original patents covering mifamurtide have expired and the one U.S. patent relating specifically to liposomal formulation of mifamurtide was set to expire in November 2007. However, we were granted an interim patent extension that extended the expiration until November 2009. We expect to be able to extend this U.S. patent an additional three years to November 2012. If we receive regulatory approval for mifamurtide and choose to commercialize it, we will have a seven-year period of marketing exclusivity for mifamurtide for the treatment of osteosarcoma in the U.S. as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the FDA. This seven-year period would begin on the date that our marketing application for mifamurtide is approved by the FDA. During this period, the FDA would be barred from approving a third-party’s marketing application for the same drug for the same application. The FDA would not, however, be barred from approving a third-party’s marketing application for mifamurtide for a type of cancer other than osteosarcoma or for a drug other than mifamurtide for the treatment of osteosarcoma, if it is shown to be more effective. Similarly, we will have a 10-year marketing exclusivity in Europe as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the EMEA. The orphan drug designation in the U.S. and Europe for mfiamurtide and the manufacturing process patent may not provide us with adequate protection from competitive products.
 
Most issued patents granted, or deemed to be granted, by the European Patent Office, or EPO, can be validated as individual patents in eight key countries within Europe. As a result of multi-country validation of our EPO patents (coupled with our issued patents and patent applications in non-European countries), our patent portfolio comprised, as of January 2009, a total of 27 issued patents and 7 patent applications.
 
In addition, we have been granted licenses to patents covering several products by our collaboration partners. We have exclusive or non-exclusive rights to 135 licensed patents (109 issued, 26 pending) covering loading and dendritic cell differentiation/maturation technologies as well as tumor antigens. We also have two licenses covering tumor epitopes, one from the National Institutes of Health, or NIH, and one from the Ludwig Institute for Cancer Research.
 
With respect to our technology, know-how and data, we have chosen to protect our interests by relying on confidentiality agreements with our employees, consultants and certain contractors. In addition, we have a policy of entering into confidentiality agreements with our collaborators and licensees.


19


Table of Contents

Trademarks
 
As of February 2009, we have 17 trademarks, including trademarks registered in the U.S., Canada, France, Switzerland, Australia, Japan, Israel and Hungary, as well as Community Trademarks registered in all of the countries of the EU. Our portfolio includes the MEPACT trademark registered in the U.S., the EU, Switzerland and Hungary.
 
We have also filed a trademark application in the EU covering the IDM Pharma logo.
 
We are in the process of reducing our intellectual property portfolio to reduce costs and to more closely match our intellectual property protection with our current product development strategies. Accordingly, only those patents or trademarks that directly protect MEPACT and IDM-2101 are currently planned to be maintained.
 
Intellectual Property
 
Patents
 
Patents and other proprietary rights are critical to our business. We maintain a policy of filing patent applications to protect our technology and products, including our Cell Drugs and other product candidates, processes for preparing our product candidates, pharmaceutical compositions containing such products and, in the United States, methods of treatment of the human body. Some of our patent applications cover key technologies underlying the products in our developmental pipeline and are issued or pending in jurisdictions that are key to our business. We classify our patents and proprietary rights into four groups: dendritic cells, macrophages, cellular technology and immuno-designed molecules. The dendritic cell group contains patents and applications related to Dendritophages. The macrophage group of patents focuses on monocyte-derived macrophages and protects methods for their preparation and their use, including combinations with antibodies. The cellular technology group of patents contains patents and applications protecting different methods or kits usable for preparation of dendritic cells as well as for macrophages. The immuno-designed molecules family of patents represents immune system stimulants and new complexes allowing for efficient modification of cells. It also includes the patents acquired from Jenner Biotherapies, in particular those covering mifamurtide, Jenact and certain tumor antigens, such as prostate specific antigen, or PSA, and KSA. Certain of these have been abandoned and the rest will expire between November 2012 and April 2024.
 
Our policy is to extend patent coverage to countries that represent market opportunities for our products and/or our technology, in order to be able to sell licenses or form partnering alliances for joint development of our technologies in related fields. We also rely on trade secrets, confidentiality agreements and other measures to protect our technology and products.
 
The original patents covering mifamurtide have expired and the one U.S. patent relating specifically to liposomal formulation of mifamurtide was set to expire in November 2007. However, we were granted an interim patent extension that extended the expiration until November 2009. We expect to be able to extend this U.S. patent an additional three years to November 2012. If we receive regulatory approval for mifamurtide and choose to commercialize it, we will have a seven-year period of marketing exclusivity for mifamurtide for the treatment of osteosarcoma in the U.S. as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the FDA. This seven-year period would begin on the date that our marketing application for mifamurtide is approved by the FDA. During this period, the FDA would be barred from approving a third-party’s marketing application for the same drug for the same application. The FDA would not, however, be barred from approving a third-party’s marketing application for mifamurtide for a type of cancer other than osteosarcoma or for a drug other than mifamurtide for the treatment of osteosarcoma, if it is shown to be more effective. Similarly, we will have a 10-year marketing exclusivity in Europe as a result of mifamurtide’s designation as an orphan drug for osteosarcoma by the EMEA. The orphan drug designation in the U.S. and Europe for mfiamurtide and the manufacturing process patent may not provide us with adequate protection from competitive products.
 
Most issued patents granted, or deemed to be granted, by the European Patent Office, or EPO, can be validated as individual patents in eight key countries within Europe. As a result of multi-country validation of our EPO patents (coupled with our issued patents and patent applications in non-European countries), our patent portfolio comprised, as of January 2009, a total of 27 issued patents and 7 patent applications.
 
In addition, we have been granted licenses to patents covering several products by our collaboration partners. We have exclusive or non-exclusive rights to 135 licensed patents (109 issued, 26 pending) covering loading and dendritic cell differentiation/maturation technologies as well as tumor antigens. We also have two licenses covering tumor epitopes, one from the National Institutes of Health, or NIH, and one from the Ludwig Institute for Cancer Research.
 
With respect to our technology, know-how and data, we have chosen to protect our interests by relying on confidentiality agreements with our employees, consultants and certain contractors. In addition, we have a policy of entering into confidentiality agreements with our collaborators and licensees.


19


Table of Contents

Trademarks
 
As of February 2009, we have 17 trademarks, including trademarks registered in the U.S., Canada, France, Switzerland, Australia, Japan, Israel and Hungary, as well as Community Trademarks registered in all of the countries of the EU. Our portfolio includes the MEPACT trademark registered in the U.S., the EU, Switzerland and Hungary.
 
We have also filed a trademark application in the EU covering the IDM Pharma logo.
 
We are in the process of reducing our intellectual property portfolio to reduce costs and to more closely match our intellectual property protection with our current product development strategies. Accordingly, only those patents or trademarks that directly protect MEPACT and IDM-2101 are currently planned to be maintained.
 
Intellectual
Property



 




Patents


 



Patents and other proprietary rights are critical to our
business. We maintain a policy of filing patent applications to
protect our technology and products, including our Cell Drugs
and other product candidates, processes for preparing our
product candidates, pharmaceutical compositions containing such
products and, in the United States, methods of treatment of the
human body. Some of our patent applications cover key
technologies underlying the products in our developmental
pipeline and are issued or pending in jurisdictions that are key
to our business. We classify our patents and proprietary rights
into four groups: dendritic cells, macrophages, cellular
technology and immuno-designed molecules. The dendritic cell
group contains patents and applications related to
Dendritophages. The macrophage group of patents focuses on
monocyte-derived macrophages and protects methods for their
preparation and their use, including combinations with
antibodies. The cellular technology group of patents contains
patents and applications protecting different methods or kits
usable for preparation of dendritic cells as well as for
macrophages. The immuno-designed molecules family of patents
represents immune system stimulants and new complexes allowing
for efficient modification of cells. It also includes the
patents acquired from Jenner Biotherapies, in particular those
covering mifamurtide, Jenact and certain tumor antigens, such as
prostate specific antigen, or PSA, and KSA. Certain of these
have been abandoned and the rest will expire between November
2012 and April 2024.


 



Our policy is to extend patent coverage to countries that
represent market opportunities for our products
and/or our
technology, in order to be able to sell licenses or form
partnering alliances for joint development of our technologies
in related fields. We also rely on trade secrets,
confidentiality agreements and other measures to protect our
technology and products.


 



The original patents covering mifamurtide have expired and the
one U.S. patent relating specifically to liposomal
formulation of mifamurtide was set to expire in November 2007.
However, we were granted an interim patent extension that
extended the expiration until November 2009. We expect to be
able to extend this U.S. patent an additional three years
to November 2012. If we receive regulatory approval for
mifamurtide and choose to commercialize it, we will have a
seven-year period of marketing exclusivity for mifamurtide for
the treatment of osteosarcoma in the U.S. as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the FDA. This seven-year period would begin on
the date that our marketing application for mifamurtide is
approved by the FDA. During this period, the FDA would be barred
from approving a third-party’s marketing application for
the same drug for the same application. The FDA would not,
however, be barred from approving a third-party’s marketing
application for mifamurtide for a type of cancer other than
osteosarcoma or for a drug other than mifamurtide for the
treatment of osteosarcoma, if it is shown to be more effective.
Similarly, we will have a
10-year
marketing exclusivity in Europe as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the EMEA. The orphan drug designation in the
U.S. and Europe for mfiamurtide and the manufacturing
process patent may not provide us with adequate protection from
competitive products.


 



Most issued patents granted, or deemed to be granted, by the
European Patent Office, or EPO, can be validated as individual
patents in eight key countries within Europe. As a result of
multi-country validation of our EPO patents (coupled with our
issued patents and patent applications in non-European
countries), our patent portfolio comprised, as of January 2009,
a total of 27 issued patents and 7 patent applications.


 



In addition, we have been granted licenses to patents covering
several products by our collaboration partners. We have
exclusive or non-exclusive rights to 135 licensed patents (109
issued, 26 pending) covering loading and dendritic cell
differentiation/maturation technologies as well as tumor
antigens. We also have two licenses covering tumor epitopes, one
from the National Institutes of Health, or NIH, and one from the
Ludwig Institute for Cancer Research.


 



With respect to our technology, know-how and data, we have
chosen to protect our interests by relying on confidentiality
agreements with our employees, consultants and certain
contractors. In addition, we have a policy of entering into
confidentiality agreements with our collaborators and licensees.





19





Table of Contents







Trademarks


 



As of February 2009, we have 17 trademarks, including trademarks
registered in the U.S., Canada, France, Switzerland, Australia,
Japan, Israel and Hungary, as well as Community Trademarks
registered in all of the countries of the EU. Our portfolio
includes the MEPACT trademark registered in the U.S., the EU,
Switzerland and Hungary.


 



We have also filed a trademark application in the EU covering
the IDM Pharma logo.


 



We are in the process of reducing our intellectual property
portfolio to reduce costs and to more closely match our
intellectual property protection with our current product
development strategies. Accordingly, only those patents or
trademarks that directly protect MEPACT and IDM-2101 are
currently planned to be maintained.


 




Intellectual
Property



 




Patents


 



Patents and other proprietary rights are critical to our
business. We maintain a policy of filing patent applications to
protect our technology and products, including our Cell Drugs
and other product candidates, processes for preparing our
product candidates, pharmaceutical compositions containing such
products and, in the United States, methods of treatment of the
human body. Some of our patent applications cover key
technologies underlying the products in our developmental
pipeline and are issued or pending in jurisdictions that are key
to our business. We classify our patents and proprietary rights
into four groups: dendritic cells, macrophages, cellular
technology and immuno-designed molecules. The dendritic cell
group contains patents and applications related to
Dendritophages. The macrophage group of patents focuses on
monocyte-derived macrophages and protects methods for their
preparation and their use, including combinations with
antibodies. The cellular technology group of patents contains
patents and applications protecting different methods or kits
usable for preparation of dendritic cells as well as for
macrophages. The immuno-designed molecules family of patents
represents immune system stimulants and new complexes allowing
for efficient modification of cells. It also includes the
patents acquired from Jenner Biotherapies, in particular those
covering mifamurtide, Jenact and certain tumor antigens, such as
prostate specific antigen, or PSA, and KSA. Certain of these
have been abandoned and the rest will expire between November
2012 and April 2024.


 



Our policy is to extend patent coverage to countries that
represent market opportunities for our products
and/or our
technology, in order to be able to sell licenses or form
partnering alliances for joint development of our technologies
in related fields. We also rely on trade secrets,
confidentiality agreements and other measures to protect our
technology and products.


 



The original patents covering mifamurtide have expired and the
one U.S. patent relating specifically to liposomal
formulation of mifamurtide was set to expire in November 2007.
However, we were granted an interim patent extension that
extended the expiration until November 2009. We expect to be
able to extend this U.S. patent an additional three years
to November 2012. If we receive regulatory approval for
mifamurtide and choose to commercialize it, we will have a
seven-year period of marketing exclusivity for mifamurtide for
the treatment of osteosarcoma in the U.S. as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the FDA. This seven-year period would begin on
the date that our marketing application for mifamurtide is
approved by the FDA. During this period, the FDA would be barred
from approving a third-party’s marketing application for
the same drug for the same application. The FDA would not,
however, be barred from approving a third-party’s marketing
application for mifamurtide for a type of cancer other than
osteosarcoma or for a drug other than mifamurtide for the
treatment of osteosarcoma, if it is shown to be more effective.
Similarly, we will have a
10-year
marketing exclusivity in Europe as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the EMEA. The orphan drug designation in the
U.S. and Europe for mfiamurtide and the manufacturing
process patent may not provide us with adequate protection from
competitive products.


 



Most issued patents granted, or deemed to be granted, by the
European Patent Office, or EPO, can be validated as individual
patents in eight key countries within Europe. As a result of
multi-country validation of our EPO patents (coupled with our
issued patents and patent applications in non-European
countries), our patent portfolio comprised, as of January 2009,
a total of 27 issued patents and 7 patent applications.


 



In addition, we have been granted licenses to patents covering
several products by our collaboration partners. We have
exclusive or non-exclusive rights to 135 licensed patents (109
issued, 26 pending) covering loading and dendritic cell
differentiation/maturation technologies as well as tumor
antigens. We also have two licenses covering tumor epitopes, one
from the National Institutes of Health, or NIH, and one from the
Ludwig Institute for Cancer Research.


 



With respect to our technology, know-how and data, we have
chosen to protect our interests by relying on confidentiality
agreements with our employees, consultants and certain
contractors. In addition, we have a policy of entering into
confidentiality agreements with our collaborators and licensees.





19





Table of Contents







Trademarks


 



As of February 2009, we have 17 trademarks, including trademarks
registered in the U.S., Canada, France, Switzerland, Australia,
Japan, Israel and Hungary, as well as Community Trademarks
registered in all of the countries of the EU. Our portfolio
includes the MEPACT trademark registered in the U.S., the EU,
Switzerland and Hungary.


 



We have also filed a trademark application in the EU covering
the IDM Pharma logo.


 



We are in the process of reducing our intellectual property
portfolio to reduce costs and to more closely match our
intellectual property protection with our current product
development strategies. Accordingly, only those patents or
trademarks that directly protect MEPACT and IDM-2101 are
currently planned to be maintained.


 




Intellectual
Property



 




Patents


 



Patents and other proprietary rights are critical to our
business. We maintain a policy of filing patent applications to
protect our technology and products, including our Cell Drugs
and other product candidates, processes for preparing our
product candidates, pharmaceutical compositions containing such
products and, in the United States, methods of treatment of the
human body. Some of our patent applications cover key
technologies underlying the products in our developmental
pipeline and are issued or pending in jurisdictions that are key
to our business. We classify our patents and proprietary rights
into four groups: dendritic cells, macrophages, cellular
technology and immuno-designed molecules. The dendritic cell
group contains patents and applications related to
Dendritophages. The macrophage group of patents focuses on
monocyte-derived macrophages and protects methods for their
preparation and their use, including combinations with
antibodies. The cellular technology group of patents contains
patents and applications protecting different methods or kits
usable for preparation of dendritic cells as well as for
macrophages. The immuno-designed molecules family of patents
represents immune system stimulants and new complexes allowing
for efficient modification of cells. It also includes the
patents acquired from Jenner Biotherapies, in particular those
covering mifamurtide, Jenact and certain tumor antigens, such as
prostate specific antigen, or PSA, and KSA. Certain of these
have been abandoned and the rest will expire between November
2012 and April 2024.


 



Our policy is to extend patent coverage to countries that
represent market opportunities for our products
and/or our
technology, in order to be able to sell licenses or form
partnering alliances for joint development of our technologies
in related fields. We also rely on trade secrets,
confidentiality agreements and other measures to protect our
technology and products.


 



The original patents covering mifamurtide have expired and the
one U.S. patent relating specifically to liposomal
formulation of mifamurtide was set to expire in November 2007.
However, we were granted an interim patent extension that
extended the expiration until November 2009. We expect to be
able to extend this U.S. patent an additional three years
to November 2012. If we receive regulatory approval for
mifamurtide and choose to commercialize it, we will have a
seven-year period of marketing exclusivity for mifamurtide for
the treatment of osteosarcoma in the U.S. as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the FDA. This seven-year period would begin on
the date that our marketing application for mifamurtide is
approved by the FDA. During this period, the FDA would be barred
from approving a third-party’s marketing application for
the same drug for the same application. The FDA would not,
however, be barred from approving a third-party’s marketing
application for mifamurtide for a type of cancer other than
osteosarcoma or for a drug other than mifamurtide for the
treatment of osteosarcoma, if it is shown to be more effective.
Similarly, we will have a
10-year
marketing exclusivity in Europe as a result of
mifamurtide’s designation as an orphan drug for
osteosarcoma by the EMEA. The orphan drug designation in the
U.S. and Europe for mfiamurtide and the manufacturing
process patent may not provide us with adequate protection from
competitive products.


 



Most issued patents granted, or deemed to be granted, by the
European Patent Office, or EPO, can be validated as individual
patents in eight key countries within Europe. As a result of
multi-country validation of our EPO patents (coupled with our
issued patents and patent applications in non-European
countries), our patent portfolio comprised, as of January 2009,
a total of 27 issued patents and 7 patent applications.


 



In addition, we have been granted licenses to patents covering
several products by our collaboration partners. We have
exclusive or non-exclusive rights to 135 licensed patents (109
issued, 26 pending) covering loading and dendritic cell
differentiation/maturation technologies as well as tumor
antigens. We also have two licenses covering tumor epitopes, one
from the National Institutes of Health, or NIH, and one from the
Ludwig Institute for Cancer Research.


 



With respect to our technology, know-how and data, we have
chosen to protect our interests by relying on confidentiality
agreements with our employees, consultants and certain
contractors. In addition, we have a policy of entering into
confidentiality agreements with our collaborators and licensees.





19





Table of Contents







Trademarks


 



As of February 2009, we have 17 trademarks, including trademarks
registered in the U.S., Canada, France, Switzerland, Australia,
Japan, Israel and Hungary, as well as Community Trademarks
registered in all of the countries of the EU. Our portfolio
includes the MEPACT trademark registered in the U.S., the EU,
Switzerland and Hungary.


 



We have also filed a trademark application in the EU covering
the IDM Pharma logo.


 



We are in the process of reducing our intellectual property
portfolio to reduce costs and to more closely match our
intellectual property protection with our current product
development strategies. Accordingly, only those patents or
trademarks that directly protect MEPACT and IDM-2101 are
currently planned to be maintained.


 




These excerpts taken from the IDMI 10-K filed Mar 21, 2008.
Intellectual Property
 
Patents
 
Patents and other proprietary rights are critical to our business. We maintain a policy of filing patent applications to protect our technology and products, including our Cell Drugs and other product candidates, processes for preparing our product candidates, pharmaceutical compositions containing such products and, in the United States, methods of treatment of the human body. Some of our patent applications cover key technologies underlying the products in our developmental pipeline and are issued or pending in jurisdictions that are key to our business. We classify our patents and proprietary rights into four groups: dendritic cells, macrophages, cellular technology and immuno-designed molecules. The dendritic cell group contains patents and applications related to Dendritophages. The macrophage group of patents focuses on monocyte-derived macrophages and protects methods for their preparation and their use, including combinations with antibodies. The cellular technology group of patents contains patents and applications protecting different methods or kits usable for preparation of dendritic cells as well as for macrophages. The immuno-designed molecules family of patents represents immune system stimulants and new complexes allowing for efficient modification of cells. It also includes the patents acquired from Jenner Biotherapies, in particular those covering L-MTP-PE, Jenact and certain tumor antigens, such as prostate specific antigen, or PSA, and KSA. These patents will expire on dates ranging from November 2012 to April 2024.
 
Our policy is to extend patent coverage to countries that represent market opportunities for our products and/or our technology, in order to be able to sell licenses or form partnering alliances for joint development of our technologies in related fields. We also rely on trade secrets, confidentiality agreements and other measures to protect our technology and products.
 
The original patents covering L-MTP-PE have expired and the one U.S. patent relating specifically to liposomal formulation of L-MTP-PE was to set expire in November 2007. However, we were granted an interim patent extension that extended the expiration until November 2008. We expect to be able to extend this U.S. patent an additional four years to November 2012. We have perfected in the U.S. and Europe a patent application related to an improved process for making L-MTP-PE that, if issued, will expire in 2026. If we receive regulatory approval for L-MTP-PE and choose to commercialize it, we will have a seven-year period of marketing exclusivity for L-MTP-PE for the treatment of osteosarcoma in the United States as a result of L-MTP-PE’s designation as an orphan drug for osteosarcoma by the FDA. This seven-year period would begin on the date that our marketing application for L-MTP-PE is approved by the FDA. During this period, the FDA would be barred from approving a third-party’s marketing application for the same drug for the same application. The FDA would not, however, be barred from approving a third-party’s marketing application for L-MTP-PE for a type of cancer other than osteosarcoma or for a drug other than L-MTP-PE for the treatment of osteosarcoma, if it is shown to be more effective. Similarly, we will have a 10-year marketing exclusivity in Europe as a result of L-MTP-PE’s designation as an orphan drug for osteosarcoma by the EMEA. The orphan drug designation in the United States and Europe for L-MTP-PE and the manufacturing process patent may not provide us with adequate protection from competitive products.
 
Most issued patents granted, or deemed to be granted, by the European Patent Office, or EPO, can be validated as individual patents in eight key countries within Europe. As a result of multi-country validation of our EPO patents (coupled with our issued patents and patent applications in non-European countries), our patent portfolio comprised, as of January 2008, a total of 170 issued patents and 113 patent applications.
 
In addition, we have been granted licenses to patents covering several products by our collaboration partners. We have exclusive or non-exclusive rights to 135 licensed patents (109 issued, 26 pending) covering loading and dendritic cell differentiation/maturation technologies as well as tumor antigens. We also have two licenses covering tumor epitopes, one from the National Institutes of Health, or NIH, and one from the Ludwig Institute for Cancer Research.
 
With respect to our technology, know-how and data, we have chosen to protect our interests by relying on confidentiality agreements with our employees, consultants and certain contractors. In addition, we have a policy of entering into confidentiality agreements with our collaborators and licensees.


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Trademarks
 
As of February 2008, we have 17 trademarks, including trademarks registered in the United States, Canada, France, Switzerland, Australia, Japan, Israel and Hungary, as well as Community Trademarks registered in all of the countries of the European Union. Our portfolio includes the MEPACT trademark registered in the United States, the European Union, Switzerland and Hungary.
 
We have also filed a trademark application in the European Union covering the IDM Pharma logo.
 
We are in the process of reducing our intellectual property portfolio to reduce costs and to more closely match our intellectual property protection with our current product development strategies. Accordingly, only those patents or trademarks that directly protect MEPACT and IDM-2101 are currently planned to be maintained.
 
Intellectual
Property



 




Patents


 



Patents and other proprietary rights are critical to our
business. We maintain a policy of filing patent applications to
protect our technology and products, including our Cell Drugs
and other product candidates, processes for preparing our
product candidates, pharmaceutical compositions containing such
products and, in the United States, methods of treatment of the
human body. Some of our patent applications cover key
technologies underlying the products in our developmental
pipeline and are issued or pending in jurisdictions that are key
to our business. We classify our patents and proprietary rights
into four groups: dendritic cells, macrophages, cellular
technology and immuno-designed molecules. The dendritic cell
group contains patents and applications related to
Dendritophages. The macrophage group of patents focuses on
monocyte-derived macrophages and protects methods for their
preparation and their use, including combinations with
antibodies. The cellular technology group of patents contains
patents and applications protecting different methods or kits
usable for preparation of dendritic cells as well as for
macrophages. The immuno-designed molecules family of patents
represents immune system stimulants and new complexes allowing
for efficient modification of cells. It also includes the
patents acquired from Jenner Biotherapies, in particular those
covering L-MTP-PE, Jenact and certain tumor antigens, such as
prostate specific antigen, or PSA, and KSA. These patents will
expire on dates ranging from November 2012 to April 2024.


 



Our policy is to extend patent coverage to countries that
represent market opportunities for our products
and/or our
technology, in order to be able to sell licenses or form
partnering alliances for joint development of our technologies
in related fields. We also rely on trade secrets,
confidentiality agreements and other measures to protect our
technology and products.


 



The original patents covering L-MTP-PE have expired and the one
U.S. patent relating specifically to liposomal formulation
of L-MTP-PE was to set expire in November 2007. However, we were
granted an interim patent extension that extended the expiration
until November 2008. We expect to be able to extend this
U.S. patent an additional four years to November 2012. We
have perfected in the U.S. and Europe a patent application
related to an improved process for making L-MTP-PE that, if
issued, will expire in 2026. If we receive regulatory approval
for L-MTP-PE and choose to commercialize it, we will have a
seven-year period of marketing exclusivity for
L-MTP-PE for
the treatment of osteosarcoma in the United States as a result
of L-MTP-PE’s designation as an orphan drug for
osteosarcoma by the FDA. This seven-year period would begin on
the date that our marketing application for L-MTP-PE is approved
by the FDA. During this period, the FDA would be barred from
approving a third-party’s marketing application for the
same drug for the same application. The FDA would not, however,
be barred from approving a third-party’s marketing
application for L-MTP-PE for a type of cancer other than
osteosarcoma or for a drug other than L-MTP-PE for the treatment
of osteosarcoma, if it is shown to be more effective. Similarly,
we will have a
10-year
marketing exclusivity in Europe as a result of L-MTP-PE’s
designation as an orphan drug for osteosarcoma by the EMEA. The
orphan drug designation in the United States and Europe for
L-MTP-PE and the manufacturing process patent may not provide us
with adequate protection from competitive products.


 



Most issued patents granted, or deemed to be granted, by the
European Patent Office, or EPO, can be validated as individual
patents in eight key countries within Europe. As a result of
multi-country validation of our EPO patents (coupled with
our issued patents and patent applications in non-European
countries), our patent portfolio comprised, as of January 2008,
a total of 170 issued patents and 113 patent applications.


 



In addition, we have been granted licenses to patents covering
several products by our collaboration partners. We have
exclusive or non-exclusive rights to 135 licensed patents (109
issued, 26 pending) covering loading and dendritic cell
differentiation/maturation technologies as well as tumor
antigens. We also have two licenses covering tumor epitopes, one
from the National Institutes of Health, or NIH, and one from the
Ludwig Institute for Cancer Research.


 



With respect to our technology, know-how and data, we have
chosen to protect our interests by relying on confidentiality
agreements with our employees, consultants and certain
contractors. In addition, we have a policy of entering into
confidentiality agreements with our collaborators and licensees.





20





Table of Contents







Trademarks


 



As of February 2008, we have 17 trademarks, including trademarks
registered in the United States, Canada, France, Switzerland,
Australia, Japan, Israel and Hungary, as well as Community
Trademarks registered in all of the countries of the European
Union. Our portfolio includes the MEPACT trademark registered in
the United States, the European Union, Switzerland and Hungary.


 



We have also filed a trademark application in the European Union
covering the IDM Pharma logo.


 



We are in the process of reducing our intellectual property
portfolio to reduce costs and to more closely match our
intellectual property protection with our current product
development strategies. Accordingly, only those patents or
trademarks that directly protect MEPACT and IDM-2101 are
currently planned to be maintained.


 




This excerpt taken from the IDMI 10-K filed Apr 2, 2007.
Intellectual Property
 
Patents
 
Patents and other proprietary rights are critical to our business. We maintain a policy of filing patent applications to protect our technology and products, including our Cell Drugs and other product candidates, processes for preparing our product candidates, pharmaceutical compositions containing such products and, in the United States, methods of treatment of the human body. Some of our patent applications cover key technologies underlying the products in our developmental pipeline and are issued or pending in jurisdictions that are key to our business. We classify our patents and proprietary rights into four groups: dendritic cells, macrophages, cellular technology and immuno-designed molecules. The dendritic cell group contains patents and applications related to Dendritophages. The macrophage group of patents focuses on monocyte-derived macrophages and protects methods for their preparation and their use, including combinations with antibodies. The cellular technology group of patents contains patents and applications protecting different methods or kits usable for preparation of dendritic cells as well as for macrophages. The immuno-designed molecules family of patents represents immune system stimulants and new complexes allowing for efficient modification of cells. It also includes the patents acquired from Jenner Biotherapies, in particular those covering Junovan, Jenact and certain tumor antigens, such as prostate specific antigen, or PSA, and KSA.
 
Our policy is to extend patent coverage to countries that represent market opportunities for our products and/or our technology, in order to be able to sell licenses or form partnering alliances for joint development of our technologies in related fields. We also rely on trade secrets, confidentiality agreements and other measures to protect our technology and products.
 
The original patents covering Junovan expired and only the patent relating specifically to liposomal formulation of Junovan will remain valid until 2007 in the United States, with a possible extension for up to five years. However, if we receive regulatory approval for Junovan and choose to commercialize it, we will have a seven-year period of marketing exclusivity for Junovan for the treatment of osteosarcoma in the United States as a result of Junovan’s designation as an orphan drug for osteosarcoma by the FDA. This seven-year period would begin on the date that our marketing application for Junovan is approved by the FDA. During this period, the FDA would be barred from approving a third-party’s marketing application for the same drug for the same application. The FDA would not, however, be barred from approving a third-party’s marketing application for Junovan for a type of cancer other than osteosarcoma or for a drug other than Junovan for the treatment of osteosarcoma, if it is shown to be more effective. Similarly, we will have a 10-year marketing exclusivity in Europe as a result of Junovan’s designation as an orphan drug for osteosarcoma by the EMEA. Furthermore, in August 2005 we filed a new patent application for an improved Junovan manufacturing process. The orphan drug designation in the United States and Europe for Junovan and the manufacturing process patent may not provide us with adequate protection from competitive products.
 
Most issued patents granted, or deemed to be granted, by the European Patent Office, or EPO, can be validated as individual patents in eight key countries within Europe. As a result of multi-country validation of our EPO patents (coupled with our issued patents and patent applications in non-European countries), our patent portfolio comprised, as of January 2007, a total of 129 issued patents and 75 patent applications.
 
In addition, we have been granted licenses to patents covering several products by our collaboration partners. We have exclusive or non-exclusive rights to 135 licensed patents (109 issued, 26 pending) covering loading and dendritic cell differentiation/maturation technologies as well as tumor antigens. We also have two licenses covering tumor epitopes, one from the National Institutes of Health, or NIH, and one from the Ludwig Institute for Cancer Research.
 
With respect to our technology, know-how and data, we have chosen to protect our interests by relying on confidentiality agreements with our employees, consultants and certain contractors. In addition, we have a policy of entering into confidentiality agreements with our collaborators and licensees.


18


Table of Contents

 
Trademarks
 
As of February, 2007, we have 17 trademarks, including trademarks registered in the United States, Canada, France, Switzerland, Australia, Japan, Israel and Hungary, as well as Community Trademarks registered in all of the countries of the European Union. Our portfolio includes the following trademarks registered in the following countries:
 
  •  I.D.M., The Immunogenics Company:  France, the European Union, Canada, Switzerland, Australia, Israel and Hungary;
 
  •  Junovan:  United States, the European Union, Switzerland, Australia and Hungary;
 
  •  Mepact:  United States, the European Union, Switzerland and Hungary;
 
  •  MAK:  United States, Japan, European Union, Canada and Australia;
 
  •  Dendritophage:  United States, Canada, France, and the European Union.
 
We have also filed a trademark application in the European Union covering the IDM logo, as well as trademark applications in Canada and Japan covering five names for our Cell Drugs, Uvidem, Bexidem, Collidem, Eladem and Osidem, which are registered in the United States and the European Union.
 
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