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High-profile interferences determine who was first to discover the AIDS virus and to invent a method of detecting HIV infection

Chiron Corp.

Institut Pasteur

We represented the Institut Pasteur against the National Institutes of Health in an interference which sought to determine which party was first to discover the AIDS virus and to invent the AIDS antibody test kit. Ultimately, this high-profile, high-stakes interference was settled by the government intervention of the President of the United States and the Prime Minister of France. In another important interference for client Institut Pasteur, we challenged a patent owned by Chiron Corporation for a sensitive method of detecting HIV infection in human patients. The method has had widespread application in the diagnosis of such infections. Institut Pasteur succeeded in defending against Chiron’s attacks on its patent application and was awarded priority of invention by the PTO. This victory strengthened Institut Pasteur’s patent portfolio on HIV technology, which is licensed to benefit the public health and welfare.

Chiron Corp. v. Institut Pasteur, Int. No. 105,289, BPAI, Judge Lane

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