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BOSTON – Kenyon & Kenyon has withdrawn from representing cancer treatment maker ImClone Systems Inc. in a patent case that spawned witness intimidation sanctions against the company and allegations against a Kenyon & Kenyon partner. A Massachusetts federal judge granted Kenyon & Kenyon’s withdrawal motion on Monday. The case involves claims by plaintiffs MIT that ImClone’s cancer treatment drug Erbitux infringes a patent assigned to MIT and licensed to Waltham, Mass.-based drug maker Repligen Corp. MIT v. ImClone Systems Inc., No. 04-10884 (D. Mass.). George E. Badenoch, a partner at the New York-based intellectual property law firm Kenyon & Kenyon, said the firm filed its motion to withdraw because ImClone hired new counsel. Badenoch also said ImClone’s decision to hire Washington-based Wiley Rein before the judge’s June 8 ruling on the sanctions motion. “The reasons for them doing that, I can’t discuss because of confidentiality,” Badenoch said. The sanctions ruling prohibited ImClone from communicating with an MIT witness and his employer and barred ImClone in-house attorney Thomas Gallagher from information covered by the December 2004 protective order, which concerns the use of confidential information related to the litigation. In it’s original motion for sanctions, MIT had also accused Kenyon & Kenyon partner Paul M. Richter Jr. of trying to intimidate an MIT witness in a deposition. ImClone, which is also based in New York, did not return calls for comment.

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