We successfully moved to dismiss a patent infringement case alleging that our client’s marketing and sale of a highly successful cancer treatment drug infringed a patent related to “Methods for Preventing Multidrug Resistance in Cancer Cells.” Notably, the asserted patent expired nearly two years before the litigation was commenced, so the plaintiff only sought past damages for the alleged infringement. Our team moved to dismiss the complaint after identifying a gap in the assignment history of the asserted patent recorded with the United States Patent and Trademark Office (USPTO). According to the USPTO records, the plaintiff, and inventors of the asserted patent, assigned their interests in the patent to the board of trustees of the University of Illinois in 1995. Shortly before filing the lawsuit in 2014, the plaintiff recorded a subsequent assignment of their interest in the asserted patent to themselves. Judge Trauger found that the plaintiff lacked standing to sue for past infringement of the expired patent and dismissed the case.
Dismissal of Patent Infringement Case Against Pharmaceutical Company
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Law360 provided analysis of the case in the articles:
- “Fed. Circ. Clarifies Alice In Reviving Supplement Co.’s IP Suit,” March 15, 2019)
- “Law360’s Weekly Verdict: Legal Lions & Lambs,” (March 21, 2019)
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