LinYu Ph.D.

Associate

(T) + 1.858.314.1128

Dr. Lin Yu's practice focuses on global patent portfolio development, management, and enforcement in the areas of biotechnology, pharmaceuticals, and polymer chemistry. Lin has devised global patent strategies for small molecule drugs, therapeutic antibodies, antibody drug conjugates, and nucleotide therapies. He also has advised established and emerging pharmaceutical and biotechnology companies on the strategic planning and acquisition of intellectual property portfolios. His experience includes patent portfolio evaluations and due diligence investigations, including patentability, invalidity, infringement, and freedom-to-operate investigations.

Representative clients include BioMarin Pharmaceutical, Celgene Corporation, Chevron Corporation, Puma Biotechnology, Inc., and Takeda Pharmaceutical Company. Pharmaceutical products for which Lin has experience include: Alunbrig®, Kuvan®, Nerlynx®, Pomalyst®, and Revlimid®.

In 2016, Lin was a member of the trial team that achieved the record-breaking patent infringement verdict for Idenix Pharmaceuticals (a subsidiary of Merck & Co.), the largest infringement verdict in U.S. history. After a two-week trial, the jury ordered Gilead Sciences to pay $2.54 billion in damages for sales of sofosbuvir-based medicines, including Sovaldi and Harvoni, for its infringement of an Idenix patent related to the treatment of patients with hepatitis C virus (HCV) infection.

Before joining Jones Day in 2007, Lin co-founded Triad Therapeutics, served as vice president of chemistry and biochemistry, and oversaw the development of its small molecule kinase inhibitors for rheumatoid arthritis, which was later licensed to Novartis.

Experience

  • Celgene to be acquired by Bristol-Myers Squibb for approx. $74 billionJones Day advised Celgene Corporation (NASDAQ: CELG) in connection with the intellectual property and technology transactions aspects of its cash-and-stock merger with Bristol-Myers Squibb (NYSE: BMY) which has an equity value of approximately $74 billion.
  • Daikin defends against patent infringement claims involving its fluoropolymer products, obtains inter partes review of asserted patents in USPTO and stay of litigationJones Day is representing Daikin Industries, Ltd. and Daikin America, Inc. in a patent infringement suit brought by Chemours Company FC, LLC in U.S. District Court in Delaware.
  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Takeda expands patent portfolio relating to anticancer drugs and clinical stage anticancer drug candidatesJones Day represents Takeda Pharmaceuticals U.S.A., Inc. in worldwide patent prosecution and portfolio development for approved and clinical stage anticancer drugs and drug candidates, including ALUNBRIGTM (brigatinib), which is indicated for treatment of patients with anaplastic lymphoma kinase (ALK)-positive metastatic non-small cell lung cancer (NSCLC) who have progressed on or are intolerant to crizotinib.
  • Idenix challenges Gilead's patent rights to Sovaldi® (sofosbuvir)Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in patent interference against Gilead.
  • Idenix challenges Gilead's patent rights to methods of treating HCV with Sovaldi® (sofosbuvir)Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in a patent interference against Gilead.
  • Idenix defends nucleoside analogue patent in EPO opposition against five opponentsJones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in opposition proceedings before the EPO related to Idenix patent covering nucleoside analogs and prodrugs.
  • Bayer CropScience acquires biological pest management company AgraQuest for $425 million (€340 million)Jones Day advised Bayer CropScience in its acquisition of AgraQuest, Inc. and its Mexican subsidiary, AgraQuest de Mexico S.A. de C.V. for $425 million (€340 million) plus milestone payments.
  • BioTheryX establishes patent portfolio for anti-hematological malignancy therapiesJones Day assists BioTheryX, Inc. in the development of a global patent portfolio related to small molecule drugs for the treatment of hematological malignancies.
  • BioMarin expands global patent portfolio related to KUVANJones Day advised BioMarin Pharmaceutical, Inc. in the expansion of a global patent portfolio relating to KUVAN (sapropterin dihydrochloride), which is indicated for the treatment of hyperphenylalaninemia due to tetrahydrobiopterin-responsive phenylketonuria (PKU).
  • Additional Publications

    • October 2017Timely Joinder Cannot Save Untimely IPR When Nothing to Join, PTAB Litigation Blog
    • February 2017Old Drug Label Still Requires Authentication of Publication Date, PTAB Litigation Blog
    • January 2017Bringing Prosecution History Back Into Claim Construction Under Broadest Reasonable Interpretation, PTAB Litigation Blog
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