WRF Press Releases

April 13, 2001

COURT RULING EXTENDS HEPATITIS PATENT INCOME FOR WRF

SEATTLE - Washington Research Foundation (WRF) said today that the U.S. Federal Circuit Court of Appeals in Washington, D.C., has ruled in the decade-long interferences between the U.S. patents of Genentech, Inc. and the Regents of the University of California.

At issue were whose scientists were the first to invent a hepatitis B vaccine made in recombinant yeast.The court ruled in favor of the University of California, thereby allowing the issuance of a second U.S. patent covering the manufacturing process for the hepatitis B surface antigen.Revenues under these patents are shared by the University of California, WRF and the University of Washington.

Hepatitis B is a major worldwide health problem that causes severe liver damage and death. Prophylactic vaccines are critical because there is no cure. Both GlaxoSmithKline and Merck market the yeast-made recombinant hepatitis B vaccine worldwide.

In the early 1980s, University of Washington professor Benjamin D. Hall, Ph,D., and post-doctoral fellow Gustav Ammerer collaborated with scientists at the University of California at Berkeley, William Rutter and Pablo Valenzuela, to invent the process of manufacturing the hepatitis B surface antigen in recombinant yeast. The nonprofit WRF, which is responsible for seeking commercial applications for technologies developed at Washington state nonprofit research institutions, assigned its ownership in the patents to the University of California in exchange for a split of any royalties that might flow from the patents.

"The court has confirmed what we have known all along - that university researchers were the first to develop a cost-effective and safe hepatitis B vaccine, one that has been used worldwide to save countless lives," said Beth Etscheid, director of licensing at WRF.

Added Ron Howell, president of WRF:"The revenues that WRF receives from this patent family will allow us to continue a high level of support of research and scholarship at the University of Washington.

WRF is a 25-year-old independent nonprofit foundation that captures and enhances the value of intellectual property arising from Washington state research institutions to support research and scholarship.

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