- Estella Gustilo
”Early Patent on Cancer Therapy CAR-T Invalidated for Lack of Written Description”
On December 13, 2019, a 9-member jury at the Central District of California unanimously found that Kite Pharma, Inc. (a subsidiary of Gilead Sciences). willfully infringed on Sloan Kettering Institute for Cancer Research’s patent on CAR-T technology and awarded Sloan Kettering and Juno Therapeutics (a subsidiary of Bristol Myers Squibb and the exclusive licensee of the patent) the full amount of damages sought (Case No. 2:17-cv-07639-PSG-KS). On April 8, 2020, Juno and Sloan Kettering were awarded an increase in the amount of damages, bringing the total to approximately $1.2 billion. However, on August 26, 2021, on appeal, the CAFC reversed the decision and found the patent invalid for failing to satisfy the written description requirement (2020-1758).