Sloan Kettering and Juno Therapeutics win $752 million jury verdict in patent dispute with Kite Pharma/Gilead involving CAR-T therapy
Clients Sloan Kettering Institute and Juno Therapeutics, a Bristol-Myers Squibb company
On behalf of patentee Sloan Kettering Institute and exclusive licensee Juno Therapeutics (a subsidiary of Celgene Corporation, now a Bristol-Myers Squibb company), Jones Day and co-counsel prevailed in a jury trial that spanned eight days and involved 22 witnesses, winning $752 million for infringement by Kite Pharma (a Gilead company) in the making and selling of its CAR-T therapy, YESCARTA®. Sloan Kettering and Juno proved that YESCARTA® infringed U.S. Patent No. 7,446,190, directed to chimeric antigen receptors, defeating Kite's claims that the Certificate of Correction of the '190 patent was invalid, and that the asserted claims were invalid under 35 U.S.C. Section 112 for lack of enablement and lack of adequate written description. On December 13, 2019, in the Central District of California, a 9-member jury unanimously found that Kite willfully infringed the patent and awarded Sloan Kettering and Juno the full amount of damages sought.
Juno Therapeutics, Inc. et al. v. Kite Pharma, Inc., No. 2-17-cv-07639 (C.D. Cal.)