April 7, 2016
Fish & Richardson Part of Gilead Legal Team That Secures Reversal of $1.2 Billion Judgment Against Kite Pharma for Cancer Therapy
The U.S. Court of Appeals for the Federal Circuit has overturned a California federal district court's $1.2 billion judgment against Fish & Richardson client Kite Pharma, Inc., a Gilead subsidiary, ruling that a patent covering a form of cancer immunotherapy asserted by Bristol-Myers's Juno Therapeutics and the Sloan KetteringInstitute for Cancer Research is invalid.
The case involves Kite's revolutionary CAR-T cancer immunotherapy YESCARTA®, which reprograms white blood cells to attack cancer in a patient's body. A California federal jury had earlier found that YESCARTA® infringed a Juno patent that broadly claimed CAR-T therapies directed to any cancer target and rejected Kite's arguments that the broad claims were not adequately supported. The Federal Circuit disagreed, finding the patent invalid because "no reasonable jury could find that the '190 patent satisfies the written description requirement."
A Fish team led by Geoff Biegler and Chad Shear was part of a multi-firm effort that produced the result for Gilead, working in close collaboration with co-trial counsel at Munger Tolles & Olson LLP, Gilead in-house lawyers, and appellate counsel at Orrick Herrington & Sutcliffe LLP. Biegler noted: "We are pleased with the Federal Circuit's decision, which correctly found that Juno's patent lacks adequate support and is invalid."
Fish has a long history of securing victories for Gilead. Previously, the firm represented Gilead in its worldwide, complex patent battle with Merck and Idenix Pharmaceuticals over Gilead's blockbuster hepatitis C drugs, winning a motion for judgment as a matter of law that reversed a $2.5 billion jury verdict - at that time, the largest patent damages award in history.
In addition to Biegler and Shear, the Fish lawyers involved in this case were Anita Meiklejohn, John Farrell, Greg Booker, Megan Chacon, and Lance Wyatt.
The case is Juno Therapeutics Inc. et al. v. Kite Pharma Inc.
May 14, 2021
Massachusetts Lawyers Weekly Named Fish & Richardson Principal Andrew Pearson an "Up & Coming Lawyer"
March 13, 2023
Fish & Richardson Names Joshua A. Griswold as Managing Principal of Dallas Office
December 5, 2016
Juanita Brooks and Jon Singer profiled in National Law Journal's special report "High Stakes, Significant Victories"
July 17, 2017
Fish & Richardson Elects Deanna Reichel as a Principal
February 17, 2009
Fish Receives Top Rankings in IP Law360 Surveys
July 14, 2014
Fish & Richardson Sends 33 Students to Space Camp
October 12, 2018
Fish & Richardson Associate Jared Smith Receives Pro Bono Publico Award
February 12, 2009
Corporate and Chancery Year in Review: Top 10 Delaware Corporate Opinions of 2006
January 21, 2015