A federal judge in Boston has dismissed claims filed by Biogen, Genzyme and Abbott Laboratories alleging that Columbia University was illegally trying to extend its right to old patents that expired in 2000 — both sides are claiming victory. A number of the university patents expired in 2000, but in 2002 Columbia received a new patent derived from its previous patents with 17 more years of protection. The suit claimed that Columbia's 2002 patent (6,455,275) for creating protein-manufacturing cells is essentially the same technology as that covered in patents that lapsed 2 years earlier. The drug companies claim that together they have paid tens of millions of dollars in royalties to Columbia for using the technology in various pharmaceutical treatments, and that the new patent is invalid. At hearings, Columbia agreed it wouldn't assert certain claims against the drug companies or try to recover royalty payments. As a result, Judge Wolf granted Columbia's motion to dismiss the claims. In dismissing the claims, Wolf let Columbia's 2002 patent stand. Currently, the plaintiffs do not have any potential liability to Columbia, and Columbia is not explicitly or implicitly threatening to sue any of them as a result of their current activities. However, the '275 Columbia patent is being re-examined by the US Patent and Trademark Office, and, depending on the decision, the possibility exists of Columbia renewing its royalty demands.

The suit claimed that Columbia's patent for creating protein-manufacturing cells is essentially the same technology as that covered in patents that lapsed 2 years earlier.

Columbia's genetic engineering technology was licensed to more than 30 biotech companies, creating many of biotech's best sellers, and creating revenues of hundreds of millions of dollars for the use of the method.