"[1] The name refers to lead inventor Shmuel Cabilly, who was awarded the patent while working at City of Hope in the 1980s.
Genentech's "Cabilly II" patent 6,331,415 was then found, after USPTO reexamination, to be enforceable.
GlaxoSmithKline and Human Genome Sciences both are challenging the patent under antitrust law.
An important implication of this case is the affirmation that a licensee retains the right to challenge a licensed patent.
The controversy has also called attention to the amount of time the USPTO takes to resolve Interference proceedings, and has been cited in arguments for changing to a First to file patent system.