News and Events > Patent Judgment Award Affirmed for CU Inventors

Patent Judgment Award Affirmed for CU Inventors

September 4, 2003

BOULDER, CO. - The Court of Appeals for the Federal Circuit on Wednesday affirmed a judgment of $54.1 million, plus post-judgment interest for the University of Colorado Foundation, Inc., the University of Colorado (CU), the Board of Regents of the University of Colorado and two University of Colorado researchers resulting from global pharmaceutical company Wyeth Corporation's American Cyanamid subsidiary's misappropriation of an idea developed by the CU researchers.

"This is a huge success for the University of Colorado," said CU President Elizabeth Hoffman. "We have tremendous gratitude for the persistence of Drs. Allen and Seligman as inventors in a legal dispute that has gone on for 10 years."

Hoffman added that, "This case demonstrates that CU believes strongly in the intellectual property rights of our faculty, and we rigorously will defend any infringements upon them."

At this time, it is not known if Wyeth will appeal the judgment.

After deductions for contractual/licensing commitments and attorney fees, the University of Colorado stands to receive 47.5% of the judgment, less legal costs, which will be distributed in accordance with the Regents Policy on Discovery and Patents. Inventors Allen and Seligman, their research laboratories, their department, and the CU System will each receive 25% of the proceeds distributed to the university.

Most of the proceeds distributed to the university are expected to go toward funding endowed chairs and professorships, and to further enhance the technology transfer operations at CU.

Jack Burns, CU's Vice President for Academic Affairs and Research said, "The court ruling clearly demonstrates that CU's intellectual property can be an important asset that has considerable commercial value."

David Allen, Associate Vice President for Technology Transfer said, "This is evidence that CU is willing to fight to support the intellectual property rights of the University and our inventors. This case should be a reminder to university researchers to become well informed about intellectual property protections, and the potential benefit to themselves, the university and society."

The University of Colorado is a four-campus system with three general campuses in Boulder, Denver, and Colorado Springs, and a Health Sciences Center campus located in Denver and at the former Fitzsimons Army Base in Aurora. For further information, please contact Bob Nero or Michele McKinney in the CU System Office of Institutional Relations at 303.492.6206.