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Articles

Fish Secures $65 Million Settlement for Repligen and MIT in Patent Lawsuit Against ImClone

July 12, 2007

Articles

Fish Secures $65 Million Settlement for Repligen and MIT in Patent Lawsuit Against ImClone

July 12, 2007

ImClone Systems Incorporated (ImClone) agreed to settle a major patent infringement case.

[September 12, 2007] — On the eve of a jury trial scheduled to begin in U.S. District Court in Boston, ImClone Systems Incorporated (ImClone) agreed to settle a major patent infringement case with Fish & Richardson clients, Repligen Corporation and the Massachusetts Institute of Technology (MIT). The case involved the manufacture of the highly publicized cancer drug, ERBITUX. The settlement culminates several years of litigation by a Fish & Richardson trial team consisting of Juanita Brooks, Gregory Madera, Jonathan Singer, Michael Kane and John Adkisson, with assistance from attorneys from across the firm.

Long-time Fish & Richardson client Repligen, the exclusive licensee of an MIT patent that includes a Nobel Laureate as an inventor, brought the case to the firm mere weeks before the patent was set to expire. Nonetheless, employing ground-breaking legal theories regarding the “stockpiling” of drugs before FDA approval, Fish attorneys secured the settlement for their clients after three years of hard-fought litigation. Indeed, at one point in the case, attorneys for ImClone were sanctioned by the Court for witness intimidation.

Other highlights of the litigation include Fish’s mastering of complex recombinant protein production technology, as well as Fish’s use of the FDA patent term extension process to advance their clients’ case. The case also demonstrated the depth of the law firm’s pharmaceutical practice, with different attorneys handling the summary judgment hearing, the Markman hearing, and the sanctions hearing against ImClone’s former counsel.

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