Federal Circuit Erases Juno’s $1 Billion Judgment by Invalidating Patent for Inadequate Written Description

By Anne Bolamperti and David G. Barker The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written description under 35 U.S.C. § 112(a) was not supported by substantial evidence. Juno’s U.S. Patent No. 7,446,190 (the “’190 patent”) relates to a nucleic acid polymer encoding a three-part chimeric antigen receptor (“CAR”) for a T cell. The first two portions of the CAR allow T cells to both kill target cells and divide into more T cells. The third portion   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , , ,

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Supreme Court to Decide Two Trademark Cases

By Shalayne Pillar and David G. Barker The Supreme Court of the United States recently granted certiorari in two trademark cases.  In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without a finding of “willful” infringement. In Lucky Brand Dungarees v. Marcel Fashion Group, the Court will consider whether claim preclusion may bar a defendant from raising a defense late in litigation. In Romag Fasteners, a jury found that Fossil infringed Romag’s trademarks.  Nevertheless, the district court refused to award $6.8 million of Fossil’s profits because Romag could not prove   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , , , ,

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