Cases & Deals

Celgene prevails in district court case, beating back patent infringement claims directed against its Abraxane® brand cancer drug

Client(s) Celgene Corporation

Jones Day successfully defended Celgene Corporation and its subsidiary Abraxis BioScience, LLC in a patent infringement case brought in the United States District Court for the District of Massachusetts by Cephalon, Inc. and Acusphere, Inc. alleging Celgene's ABRAXANE® brand cancer drug infringed U.S. Patent No. RE40,493 ("the '493 patent'). After Jones Day obtained a favorable claim construction ruling, the plaintiffs agreed that ABRAXANE® did not infringe any valid claim of the '493 patent and stipulated to the entry of a final judgment of noninfringement.

Cephalon, Inc. et al. v. Celgene Corp. et al., Civil Action No. 1-11-cv-12226 (D. Mass.)