The CAR-T patent: BMS appeals to US Supreme Court for $1.2 billion in damages from Gilead.

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CAR-T patent: BMS appeals to US Supreme Court for $1.2 billion in damages from Gilead

The CAR-T patent: BMS appeals to US Supreme Court for $1.2 billion in damages from Gilead.

After many back-and-forth “battles”, the patent war between the two CAR-T giants Gilead and Bristol-Myers Squibb has not ended and has intensified.

After the appeals court overturned the judgment of Bristol-Myers Squibb (BMS) asking Gilead to pay $1.2 billion for infringement of the CAR-T patent, Bristol-Myers Squibb expressed dissatisfaction and recently appealed to the U.S. Supreme Court for a retrial.

The CAR-T patent: BMS appeals to U.S. Supreme Court for $1.2 billion in damages from Gilead.

The patent dispute case dates back to 2017. At that time, Juno sued Kite for illegally copying and commercializing its CAR-T patented technology.

Bristol-Myers Squibb bought Juno for $9 billion in 2018, and Gilead bought Kite in 2017 for $11.9 billion.

In a 2019 jury trial, Bristol-Myers Squibb subsidiary Juno won the case and awarded up to $752 million in damages.

In addition, after the court determined that Kite’s infringement was an “intentional act” during the ruling, the judge later expanded the award to $1.2 billion.

However, Gilead successfully overturned the decision on appeal in August 2021.

At the time, the appeals court ruled that Gilead’s Yescarta did not need to pay Bristol-Myers Squibb $1.2 billion in damages for alleged infringement of the CAR-T patent, saying the disputed CAR-T patent involved in the case had not been adequately documented. support.

Gilead has said the patent claimed by Bristol-Myers Squibb is effectively invalid because it covers “millions” of potential single-chain antibody variable fragment therapy candidates, but the company did not specifically disclose specific molecules structure or which of them might work.

A Bristol-Myers Squibb spokesman said in an emailed statement that it “disagrees” with the appeals court’s ruling and intends to “seek a review” of the ruling.

In their petition to the Supreme Court, Juno and the Memorial Sloan Kettering Cancer Institute rejected that argument, arguing that the Federal Circuit’s decision would create a “complex, judicially-artificial approach to patent law.” claim”, the inventor of the patent shall have the right to ‘claim the full scope covered in the patent’, including all “known and unknown” variations contained in a single component.

The Federal Circuit’s approach violated simple legal provisions, the petition said, and would also lead to the invalidation of a large number of patents for failing to meet the statute’s so-called explicit disclosure standards.

At present, Gilead has not been implicated by the previous large-amount infringement judgment, and it remains to be seen whether the U.S. Supreme Court will accept the case.

Reference source:

Bristol Myers Squibb takes its CAR-T patent case to US’ top court in bid to revive $1.2B verdict against Gilead

CAR-T patent: BMS appeals to US Supreme Court for $1.2 billion in damages from Gilead

(source:internet, reference only)

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