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Bristol Myers loses rehearing bid to revive $1.2 bln Gilead patent verdict

2 minute read

Logo of global biopharmaceutical company Bristol-Myers Squibb is pictured on the blouse of an employee in Le Passage, near Agen, France March 29, 2018. REUTERS/Regis Duvignau

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  • Appeals court won't reconsider decision reversing BMS' patent win against Gilead
  • Federal Circuit found BMS patent invalid in 2021
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(Reuters) - Bristol Myers Squibb's Juno Therapeutics on Friday lost a bid to persuade a U.S. appeals court to overturn its own decision throwing out a $1.2 billion patent verdict that Juno won against Gilead Sciences.

The full U.S. Court of Appeals for the Federal Circuit rejected, without comment, Juno's petition for a rehearing by a three-judge panel or the full court.

Juno sued Gilead's Kite Pharma for patent infringement in Los Angeles in 2017, alleging Kite's Yescarta, an immunotherapy treatment for lymphoma, copied its cancer treatment.

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Gilead earned $563 million from sales of Yescarta in 2020, according to a company regulatory filing.

A jury found in 2019 that Kite willfully infringed the patent and awarded $778 million to Juno and Memorial Sloan Kettering Cancer Center in New York, which licenses the patent to Juno. U.S. District Judge Philip Gutierrez increased the award to $1.2 billion in 2020.

A three-judge Federal Circuit panel tossed the award last year, finding the patent was invalid because it lacked a sufficient written description.

Juno asked the appeals court to rehear the case, arguing the panel misinterpreted the law on patent validity.

Amgen, St. Jude's Children's Research Hospital, and others filed briefs supporting Juno's petition, and said that the decision would hinder innovation behind biologics such as Juno's for treating cancer and other diseases.

Kite Pharma declined to comment on the decision. Bristol Myers and its attorneys didn't immediately respond to a request for comment.

The case is Juno Therapeutics Inc v. Kite Pharma Inc, U.S. Court of Appeals for the Federal Circuit, No. 20-1758.

For Juno: Morgan Chu of Irell & Manella, Greg Castanias of Jones Day

For Kite: Josh Rosenkranz and Mel Bostwick of Orrick Herrington & Sutcliffe, Jeff Weinberger of Munger Tolles & Olson, Geoff Biegler of Fish & Richardson

Read more:

Gilead Sciences wins reversal of $1.2 bln award in patent case with Bristol Myers

Fed Circ probes validity of cancer treatment patent from $1.2 bln win

Bristol-Myers' win in U.S. patent case against Gilead boosted to $1.2 billion

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Our Standards: The Thomson Reuters Trust Principles.

Washington-based correspondent covering court cases, trends, and other developments in intellectual property law, including patents, trademarks, copyrights, and trade secrets. Previous experience at Bloomberg Law, Thomson Reuters Practical Law and work as an attorney.

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