The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence. The case relates to U.S. Patent No. 7,446,190, owned by Sloan Kettering, which is titled “Nucleic Acids Encoding Chimeric T Cell Receptors.” The patent generally covers cancer immunotherapy technology. Juno sued Kite Pharma, Inc. for infringement of the ‘190 patent through the sale of its YESCARTA product. Kite countersued, seeking declaratory judgments of noninfringement and invalidity. The jury ultimately found in Juno’s favor and, in post-trial briefs, Kite moved for judgment as a matter of law (JMOL) on several grounds, including that the claims were not supported by sufficient written description. The district court denied JMOL and Kite appealed.
Recent Posts
- Gaming Patent Litigation on Both Sides of the ‘v’ | IPWatchdog Unleashed
- Recentive Rehearing Petition Challenges CAFC’s Broad Section 101 Exclusion of Machine Learning Inventions
- Other Barks & Bites for Friday, June 20: Advocate General Tells CJEU to Affirm €4 Billion Antitrust Fine Against Google; Recentive Challenges Section 101 Invalidation of Machine Learning Claims
- Stewart Expands on ‘Settled Expectations’ Criteria in Interim Discretionary Denial Process
- Mediocre Results so Far for Deferred Subject Matter Eligibility Response Pilot