Gilead Sciences wins reversal of $1.2 billion award in patent case with Bristol Myers By Reuters
© Reuters. FILE PHOTO: Gilead Sciences biotech company is seen after they announced a Phase 3 Trial of the investigational antiviral drug remdesivir in patients with severe coronavirus disease (COVID-19), during the outbreak of the coronavirus disease (COVID-19), in
By Blake Brittain and Ankur Banerjee
(Reuters) – A U.S. appeals court on Thursday threw out a $1.2 billion ruling against Gilead Sciences Inc (NASDAQ:), finding a patent on a cancer therapy it was accused of infringing was invalid, in a blow to rival Bristol Myers (NYSE:) Squibb Co.
The two companies have been embroiled in a case involving accusations that Yescarta, the CAR-T cell cancer immunotherapy from Gilead’s Kite Pharma unit, infringed on a patent for a similar therapy from Bristol’s Juno Therapeutics.
Last year, a federal judge increased the damages from a jury trial and ordered Gilead to pay Bristol Myers $1.2 billion in the patent infringement case. The ruling on Thursday by the U.S. Court of Appeals for the Federal Circuit reversed the decision.
Bristol Myers in a statement said it disagreed with latest ruling and would seek a review of the Federal Circuit’s decision.
Gilead and Kite’s attorney Josh Rosenkranz of Orrick Herrington & Sutcliffe did not immediately respond to a request for comment.
Gilead shares were up 0.3%, while Bristol shares were off 0.5% in midday trading.
The Gilead drug, Yescarta, belongs to a class of cutting-edge cancer treatments known as chimeric antigen receptor T-cell therapy, or CAR-T, which reprograms the body’s own immune cells to recognize and attack malignant cells.
Gilead bought Kite Pharma, which developed Yescarta, for $11.9 billion in 2017, with the treatment securing U.S. approval that year. It recorded sales of $338 million in the first six months of this year.
A jury in 2019 found that Kite willfully infringed and awarded Juno and Memorial Sloan Kettering Cancer Center in New York, which licenses the patent to Juno, $778 million. U.S. District Judge Philip Gutierrez increased the award to $1.2 billion in Los Angeles federal court last year.
Memorial Sloan Kettering did not immediately respond to a request for comment.
Bristol Myers acquired Juno and its CAR-T program with its $74 billion purchase of Celgene (NASDAQ:) in 2019.
Chief U.S. Circuit Judge Kimberly Moore wrote for a unanimous three-judge panel that the relevant parts of Juno’s patent were invalid because they lacked a sufficient written description and details.
Moore was joined by Circuit Judges Sharon Prost and Kathleen O’Malley in the ruling.
During a July oral argument https://www.reuters.com/legal/transactional/fed-circ-probes-validity-cancer-treatment-patent-12-bln-win-2021-07-06, Moore compared the patent’s description to trying to identify a specific car by saying it has four wheels.
This story corrects paragraph 1 and 2 to show one patent, not patents.
Fusion Media or anyone involved with Fusion Media will not accept any liability for loss or damage as a result of reliance on the information including data, quotes, charts and buy/sell signals contained within this website. Please be fully informed regarding the risks and costs associated with trading the financial markets, it is one of the riskiest investment forms possible.
Airbus executive says output goal based on jet deals By Reuters
© Reuters. FILE PHOTO: A logo of Airbus is seen at the entrance of its factory in Blagnac near Toulouse,…
U.S. FTC to restrict future deals for firms that pursue ‘anticompetitive mergers’ By Reuters
© Reuters. FILE PHOTO: Signage is seen at the Federal Trade Commission headquarters in Washington, D.C., U.S., August 29, 2020….