A preliminary injunction went into effect late last week that prevents Merck’s Sirna biotech unit from using intellectual property obtained as part of an agreement with a small, privately held biotech, Protiva Biotherapeutics.

California Superior Court Judge Patrick Mahoney ordered Sirna “not to engage in product development in connection with the delivery of RNA beyond the target areas” specified in 2005 strategic alliance agreement. The targets covered include hepatitis B and C, as well as a gene associated with insulin resistance and diabetes, along with a third unnamed target.

“Further, Sirna is barred, except in connection with the development of products in the [agreement] target areas, from using any of the confidential and proprietary information received from Protiva,” according to the injunction. However, the injunction stopped short of granting Protiva’s request for Sirna to return all info related to an investigational hepatitis C drug, which would’ve, essentially, halted all work.

Mahoney added: It’s “the conclusion of the court that Sirna has used and may be continuing to Protiva trade secrets and know-how, and that Protiva is likely to prevail on its claim on anticipatory breach” of the straetic alliance between the two companies.

As of last October, two months before Merck paid $1.1 billion for Sirna, the biotech listed four collaborations in macular degeneration, Huntington’s disease and various respiratory ailments with such companies as Allergan and Glaxo. Five proprietary programs were also under way for oncology, hepattis C and B, baldness and diabetes.

Further reading…
List of filings from the Superior Court (however, it may be difficult to access).
Sirna fact sheet from October 2006 listing research projects;
Protiva’s technology.[tags]Merck, Protiva Biotherapeutics, Sirna[/tags]