Cases & Deals

Celgene prevails in Federal Circuit challenge to its ABRAXANE® breast cancer drug

Client(s) Celgene Corporation

On June 17, 2015, a unanimous panel of the U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement in a case involving Celgene's ABRAXANE® breast cancer drug.

Cephalon, Inc. and Acusphere, Inc. sued Celgene Corporation and its subsidiary Abraxis BioScience, LLC in the United States District Court for the District of Massachusetts, alleging infringement of U.S. Patent No. RE40,493 ("the '493 patent"). After Jones Day obtained a favorable claim construction ruling for Celgene, the plaintiffs conceded that ABRAXANE® did not infringe any valid claim of the '493 patent under the district court's constructions. The plaintiffs, therefore, stipulated to the entry of a final judgment of noninfringement, and appealed the district court's claim constructions.

On appeal, after considering the evidence and arguments presented by the Jones Day team, the Federal Circuit held that plaintiffs had failed to establish clear error in the district court's decision, and affirmed the judgment of noninfringement.

The cross-office, cross-practice Jones Day team representing Celgene included Greg Castanias (Washington), who argued the case in the Federal Circuit, Chris Morrison (Boston), and Patrick Elsevier, Ph.D., and Anthony Insogna (all in San Diego).

Cephalon, Inc. et al. v. Abraxis Bioscience, LLC et al., No. 14-1411 (Fed. Cir. 2015)