Examination of Witnesses (Questions 566-579)
DR GREG
WINTER
TUESDAY 19 NOVEMBER 2002
Chairman
566. Good morning, Dr Winter. Can we welcome
you this morning. I wonder if you could tell us a bit about your
involvement and how you commercialised your research. Was it simply
to make money? Was it because it offered greater prospects for
the realisation of your ambitions? Or are there different motives?
(Dr Winter) Can I break it into several
bits. First of all, how did I do it and then secondly what the
motives were, because the motives were different in each case.
You have to understand a little bit about the science, I am sorry
to say, and the area that I became interested in was the area
of antibodies. These are natural therapeutic agents in your body
and are used generally for killing viruses and bacteria. When
we get infected we create a whole spectrum of antibodies. In the
mid-70's a way was developed of making individual antibodies,
so-called monoclonal antibodies. These could be used as magic
bullets for attacking cancer. For example, researchers were able
to make monoclonal antibodies that could kill cancer cells in
the test tube without killing normal cells. The technology worked
very nicely, but there was a serious clinical problem. If you
tried to put those into human beings, because these antibodies
were mouse antibodies, you tended to see them as being foreign
and you mount a reaction to them. In fact, that not only blocks
the therapy, but it can also provoke anaphylactic shock. The area
that I was interested in was in fact solutions to this problem.
That involved making humanised antibodies which was essentially
a strategy to turn the mouse antibodies into human antibodies
by genetic engineering. Another approach, later on, was to make
human antibodies. The strategy of making the humanised antibodies
involved basically cutting little bits of the mouse antibody genes
out and stitching them into a human antibody framework. In fact,
in that way we could create an antibody that was largely a human
antibody and had the same activity as the mouse antibody and could
target and kill tumours and it was not seen as foreign. By 1988,
with some Cambridge University colleagues, we created a genuine
therapeutic humanised antibody and showed that we could burn away
a huge mass of tumour in a couple of patients. There was immediate
interest from the pharmaceutical industry, as you might expect.
We filed a patent and on that occasion we licensed it, this is
the Medical Research Council, licensed it non-exclusively to many
companies. There were some limited areas of exclusivity to Celltech
and to Wellcome. There are now five humanised antibodies on the
market against leukemia, breast cancer and viral infections. That
was the first piece of work that I was involved in. The second
was to try to make human antibodies directly. So basically, having
had the idea of creating humanised antibodies, I started to wonder
why we could not make human antibodies to start off with, why
bother going through animals, why can we not find some way of
doing it? In fact, there are all sorts of technical problems with
doing that, and again I came up with a genetic engineering solution
which effectively created an artificial immune system in the test
tube and like a real immune system it makes many millions of different
antibodies and then you select the ones that bind to antigen.
This approach was commercialised through a startup, in fact Cambridge
Antibody Technology (and Alex Duncan who has just testified was
my second PhD student). I was a founder in that company and the
MRC had an equity stake, that company floated and their first
antibody is due on the market next year. Those two things, the
humanised antibodies and making human antibodies had different
motivations, different reasons why I came to do it. I think you
have to bear in mind that I did not start as an industry scientist;
I am not an industry scientist at all. I consider myself as a
scientist, inventor, entrepreneur. I had one year in industry
when I left school in Procter and Gamble soap granules section
and that was enough to persuade me that really was not my cup
of tea. I then focussed on academic research. But my career stretches
over 30 years. I started off being interested in the origin of
life and that very early period where the first cell is crawling
out of the primaeval soup. I was interested in how proteins were
built, how they are made, and in the first 15 years of my research
career that is all I was really interested in. I was not remotely
interested in commercialisation. But during that period I acquired
some formidable skills of reading genes, sequencing genes and
being interested in how to create and manipulate the fabric of
life. The commercialisation started with the antibodies. I had
actually become interested in antibodies not for commercial reasons
but because they are created by an evolutionary process in the
body. So here I am as a fundamental scientist interested in anything
that gives light on the evolution of proteins, of life itself,
and antibodies are created in the evolutionary system. What interested
me was that the same basic architecture could be used to create
a myriad of different binding sites because you can count lots
of different antigens and you always manage to find an antibody
that will react with it, so how was this? This was very interesting.
It was only really when I was doing that study that I then thought
"Oh, my God, I've got an insight here. This could provide
a way of humanising antibodies". I thought that was a good
idea and I got on with it. That is how I started. It came from
an inspiration arising from basic research in which, from one
day to the next, I completely changed my direction because I thought
it would be a jolly exciting experiment to do. It was actually
a risky experiment, but it worked and created that technology.
The later work on making human antibodies was more a follow through.
In other words, having made the humanised antibodies you then
become obsessed with the Holy Grail. Maybe we could develop another
evolutionary system and do it a completely different way and produce
the ultimate human antibody without any mouse in there at all;
without having to use animals, doing everything in a completely
artificial evolutionary system. That is the way I came to the
problem; that was the motive.
567. As a layman I just about understand what
you are saying and I am very grateful to you, but can I just put
it a slightly different way. You characterise yourself I think
as a scientist, researcher and entrepreneur. The first two are
10 a penny, maybe in varying qualities. But the idea of having
the first two plus an entrepreneur and also an entrepreneur who
obviously has been breaking new ground in ways that other people
have not, you had, as it were, the ability to identify a scientific
and a commercial opportunity perhaps in sequence. But do you think
there are enough people in the UK looking out at science in the
round and saying, "This could be a possibility". Are
we losing too many things because there are not enough scientists
like yourself who see the entrepreneurial possibilities on the
one hand, and on the other we do not have within the UK people
who can identify the entrepreneurial opportunities which scientific
research can throw up?
(Dr Winter) I do not know the answer to your question.
I do not know whether we are looking at lots of people or whether
there are very few. I think that one of the problemsand
certainly as I was growing through this periodis that there
is a tendency to straightjacket people. You are either a scientist
or you are one of these people who mucks around in soap granules
manufacturing at Procter and Gamble or wherever, in other words
you are a dirty industrialist. You can be a proper scientist,
or you can be involved in grubby money making and all that other
kind of stuff. There are a number of people who said to me that
if I really wanted to get involved in industry then why do I not
go and join them? My view was that, being semi-intellectual, what
right have they got to make these ethical judgments on me. Why
should I not have my cake and eat it? Why should I not stay where
I am and why should I not make a load of money and why should
I not be involved in this kind of research which was very satisfying?
There were patients who were cured. There were patients whose
tumours you could see burning away. The thing that inspired me
the most was not actually making the money. It is actually what
you can do for the public good. When you see a little old lady
who is on her death bed and you give her an antibody and you burn
away a mass of tumour and then you find that she has another year
or so of her life because of that (and has a chance to make peace
with God and her grandchildren and her husband) then it is satisfying.
Sir Robert Smith
568. Can I just clarify, for 15 years you were
looking at the origin of life.
(Dr Winter) And the universe and everything.
569. And then when you became more commercial
was that because it was a means to further new lines of research?
(Dr Winter) I do not quite like the word commercial.
Yes, I am commercial, but I see commercialisation as a way of
getting things applied. In other words, you cannot get it in the
market place, you cannot effect the cures you want to unless it
is commercial. You can have a wonderful drug, but if no-one is
going to buy it or it is too expensive you simply cannot take
it forward. I would rather use the word application. I became
interested as a result of my work with antibodies and realising
that there was this work which I was doing which you say was a
kind of curiosityworking out how molecules worked, trying
to understand evolutionand I suddenly thought that here
we are, perhaps we can be masters of these forces of nature and
start creating new types of molecules which can be really very
helpful. So that was very exciting.
570. It was not an institutional pressure that
you should be trying to be more commercial, more productive?
(Dr Winter) It was not an institutional pressure.
The institutional pressure was, if anything, do not get corrupted
by it. It definitely was not trying to shove me down that line.
Mr Lansley
571. It is very nice to see you again. Can I
just start with the question of commercialisation or the exploitation
of research in an institution like the LMB. Seeing it from Parliament's
side, as it were, there is that whole area of: there should be
a return to the research institute and the establishment itself.
Which is, in a sense, trying to make sure that if there is substantial
intellectual property there is a return to the institute, that
helps it to do more research in the long run and that is a good
thing for science. But there are two other potential motivations.
The second would be that commercialisation means that the science
itself can be exploited more effectively in the way you do it,
the way you disclose your research can have an impact on how effectively
it is exploited. It does not automatically follow that simply
putting something up on a website means that it is going to be
exploited effectively. Sometimes exclusive arrangements can make
sure there is subsequent investment that then delivers a product.
Thirdlyand this, I suppose, from this Committee's point
of view, is the unique characteristic of what we look atis
how do we make sure that that turns into an industrial benefit
for the United Kingdom? Perhaps you could just take me through
quickly which of those motivations has been part of your thinking.
I am sort of assuming number one must be because the MRC requires
it.
(Dr Winter) Sorry, number one was what, exactly?
572. The return to the LMB itself. It is better
funded and is able to do more in the long run as a consequence.
The second is how you went about commercialisation. Was it really
geared to maximising return, exploiting the science more effectively,
or doing something for the UK?
(Dr Winter) I am not really sure it was any of that.
In the late 1980's the LMB did not really have a culture of commercialisation
or of application. In fact at that stage we were debating on how
to deal with the exploitation of the humanising patent. It was
clearly going to be important; we had a lot of interest from pharma
companies. So what was our priority? We decided our priority was
to see it being used for the benefit of patients. We felt that
as the Medical Research Council that was the most pressing priority.
Nothing to do with UK industry, but taken forward for the benefit
of patients. The second priority was that we realised that for
this to happen you have to involve the inventor. You cannot just
ride roughshod over him; he is going to be required for pushing
this forward following through some of the intellectual property,
he may have to continue doing some research in the area. So you
have to respect the wishes of the inventor. The third thing, consistent
with those two, we try to maximise our revenue. What we decided,
therefore, for the humanising patentthe appropriate strategy
given that this was a patent where we had already demonstrated
utility, we had burned away a huge mass of tumour, there were
companies falling over to use the technologywas to have
a non-exclusive and wide licensing policy. That, in fact, has
proved very successful. There are five antibodies on the market
all done by different companies. The total return to the MRC on
that patent has been about £31 million to date and we will
probablyproviding we can maintain the patent and defend
it, et ceteraexpect to see in the order of more that £10
million a year for the life time of the patent. I think that broadly
that has been successful in getting it to the patients and also
if you can cure patients then you will make money. So in the end
I think the strategy was the right strategy. The UK angle is something
which perhaps we had in the back of our minds, but it is quite
difficult to simultaneously optimise four or five things. In the
case of the Medical Research Council it had previously had a special
relationship with Celltech and in fact in respect of the humanising
patent there were certain exclusivities built in for Celltech
and for GlaxoWellcome for products that they were particularly
keen to take forward or areas they wanted to take forward. So
we were able to build the UK angle into the picture.
573. So in the first case there was a series
of licensing arrangements, but in the second case it was effectively
a spin out company. So you have clearly taken different routes.
(Dr Winter) The first one, what we had was a fairly
mature technology and people keen to use it, believing they could
pick it up and use it straight away, then you can license it.
In the case of the work with Cambridge Antibody Technology I had
had the idea and had done the experiments which were really half
the picture. It became quite clear that this was going to require
quite a lot more work and that would require further investment.
But if it worked then it would be very commercial. At that point
I looked around to try to work out a way of being able to get
further investment in and since there was not any further investment
from the Medical Research Council at that time the only possibility
was the private sector. In fact, I was able to find some money
from an Australian company to set up Cambridge Antibody.
574. And the return to the MRC was in the form
of its equity stake. Presumably they also licensed the technology.
(Dr Winter) Interestingly enough, the deal which we
negotiated with the founders of Cambridge Antibody and the Australian
investor were very advantageous because we had both an equity
stake in Cambridge Antibody and we also get a cut of the royalties
that they make. This has not been mirrored in some later agreements
that the MRC have subsequently made with other venture capital
organisations.
575. And the relationship between youor
in other circumstances your colleaguesand the spin out
companies, does the logic of your retaining the inventor's connection
with the discovery imply that spin out companies should really
be established in circumstances where the inventor is willing
to become a part of that spin out company?
(Dr Winter) With spin outs it is difficult to be too
prescriptive. I think that you have to meet several conditions
to have a spin out. A spin out is a huge effort. One of the boxes
to tick is that you have an inventor who is prepared to be associated
with it. That does not mean to say that you could not get it to
work, if you had enough other ticks, by perhaps the inventor not
being directly involved in it. For a spin out you need a significant
portfolio of IP; you need to have a business plan; you need to
have focussed management; you need to have finance; you need to
have the inventor. There are probably more things as well that
I have not thought of at the moment. But spin outs are not something
that you spin out in an afternoon. It took a huge amount of my
time, effort, endless calls to Australia and dealing with the
Medical Research Council head office and also the Medical Research
Council locally in order to try to spin this thing together. The
reason I think the inventor is so important is that he is probably
the only person who really understands what his invention can
do. You can explain to money men, but they tend to think of it
in terms of the market. The questions they always ask you are
"What%age of the market are you going to take?" Frankly,
if you have a new technology, you create a new market and that
they do not understand. This is what happened in the case of the
humanised antibodies, the market for therapeutic antibodies was
pretty much zero in the mid 80's; we are now talking about a market
of at least $2 billion per year and expanding rapidly (25% of
all new products in clinical trials being antibodies).
Dr Kumar
576. In exploring your research, what support
did you get from the LMB? Were they enthusiastic and encouraged
you or did you have battles with the establishment as such when
you wanted to explore this research? Give us a flavour of what
did happen.
(Dr Winter) I think we are talking about the startup
rather than the licensing, are we?
577. Yes.
(Dr Winter) In terms of the licensing of humanised
antibodies there were differences of opinion on the strategy we
should use. There was one view which said the whole thing should
be given to Celltech to deal with, but I could not see the point
of that since it was not clear what we would get back. It also
was not clear whether Celltech could exploit such a wide technology,
and there is not point in giving a company technology that it
cannot exploit. It seemed to us that the wide licensing policy
in that case was best and I think that was the predominant view
that in the end prevailed. In the case of Cambridge Antibody Technology,
I do not remember any specific battles about it. I have to say
that I had the advantage at that stage in that there was no official
technology transfer organisation so in a sense there was not a
group of bureaucrats who might have interfered with the process.
In general it was dealt with at a high level by very intelligent
people who could see the strategic advantages of the kind of thing
we are doing, and merely wanted to make sure that we could deal
with issues of conflict of interest which obviously had the potential
to become quite serious.
578. You also said they received £31 million.
(Dr Winter) So far, yes.
579. Is that the only thing, or is there anything
else that they received? What was the return for them aside the
money? Was there anything else?
(Dr Winter) In the case of the licensing deal where
they got £31 million to date over a period of time, largely
since the mid 90's, that has largely been the return that they
had. That is the return directly to the Medical Research Council.
As I said, there are some benefits to the UKin the case
of Celltech there is a product they are developing based on this
technologybut the other advantages will have gone overseas
to American companies. In the case of the startup, the benefits
that we get so far from share sales we have about £10 million
in the company. Next year, when we should get royalties on the
first product made by this approach which is being put on the
market by Abbot, there will presumably be between £5 million
and £10 million a year coming in from one antibody. As others
go onto the market they will also give money back. In terms of
other things apart from money, I think there has been some advantage
in having Cambridge Antibody close by. I am no longer associated
with Cambridge Antibody, but I think that this provided a place
where our postdocs could go after they had worked in the laboratory
and it provided a natural contact with industry, people you felt
could understand where we were coming from (because many of them
had come from our laboratory).
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