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Articles

Fish settles patent case for Repligen

January 21, 2009

Articles

Fish settles patent case for Repligen

January 21, 2009

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Posted April 8, 2008

Fish & Richardson announced today that it settled a patent infringement case for its clients, Repligen Corporation, a Massachusetts biotechnology company and the University of Michigan. Fish & Richardson represented Repligen and the University in a case against Bristol-Myers Squibb Company in the United States District Court for the Eastern District of Texas. Repligen and the University sued Bristol-Myers Squibb in January 2006 alleging that Bristol-Myers Squibb’s sale of Orencia® for the treatment of rheumatoid arthritis infringed U.S. Patent No. 6,685,941. The patent is owned by the University of Michigan and the United States Department of the Navy and is exclusively licensed to Repligen.

The settlement provides for Bristol-Myers Squibb to make an initial payment of $5,000,000 and to pay royalties on the U.S. net sales of Orencia® for any clinical indication at a rate of 1.8% for the first $500,000,000 of annual sales, 2.0% for the next $500,000,000 of annual sales and 4% of U.S. annual sales in excess of $1 billion for each year from January 1, 2008 until December 31, 2013. The settlement also provides for the grant by Repligen and co-plaintiff the University of Michigan to Bristol-Myers Squibb of an exclusive worldwide license under certain patent rights of Repligen and the University of Michigan. The settlement serves as the basis for Repligen and co-plaintiff the University of Michigan to dismiss the lawsuit against Bristol-Myers Squibb.

“Our client is very pleased by the settlement of this case which will provide it a substantial new source of revenue,” said Robert Hillman. a Principal in Fish’s Boston office, who was co-lead counsel with Juanita Brooks, a Principal in the firm’s San Diego office. They were assisted by Ahmed Davis, a Principal in the firm’s Washington, DC office, John Adkisson, a Principal in the firm’s Twin Cities office, Stephen Marshall, Associate in the firm’s Boston office, and Limin Zheng, an Associate in the firm’s Silicon Valley office.

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