Daralyn Durie

Durie, a co-founder of IP boutique Durie Tangri, represents tech clients such as Alphabet Inc., Amazon.com Inc., Genentech Inc., Facebook Inc., Twitter Inc., Dropbox Inc., Medium Corp., Pinterest Inc., the California Public Employees' Retirement System and the California State University system.

When the coronavirus struck, CSU students struck back with multiple potential class actions seeking the return of tuition and fees because campuses were closed and the school had moved to remote learning. CSU officials retained Durie for its defense. Miller v. Board of Trustees of the California State University, 2:20-cv-03833 (C.D. Cal., filed April 27, 2020) and Rifat v. Board of Trustees of the California State University, 2:20-cv-04421 (C.D. Cal., filed May 15, 2020).

She's filed motions to dismiss the federal cases. "There's no jurisdiction in federal court," Durie said. The students' efforts to constitutionalize their contract, unjust enrichment and conversion claims run smack into the Eleventh Amendment's bar on federal lawsuits against states and state agencies such as CSU, she said. "It's true that last term campuses were shut down, but you still got credit, you still got what you bargained for."

Durie predicted the cases will wind up in state court. She's prepared for that: in 2009 she achieved a full defense verdict following a three-week jury trial in a state court class action challenging CSU's raising of tuition in response to the then-ongoing state budget crisis.

"They've got a gazillion cases and arguments now, but we say the plaintiffs are unable to state a claim because no contract terms have been breached," she said.

Durie represents Genentech in a suit against Amgen Inc. alleging that Amgen's manufacture and sale of its biosimilar product Mvasi infringes Genentech's patents. The case involves Amgen's launch of a version of Genentech's Herceptin oncology product, which is among the top ten revenue producers in the field of antibody manufacturing and methods of treating cancer. The case is set for a jury trial in the District of Delaware in February 2021. Genentech Inc. v. Amgen Inc., 1:18-cv-00924 (D. Del., filed June 21, 2018).

And she represents Pleasanton-based biotech company 10x Genomics Inc., founded by the research director of 23andMe Inc., in a patent challenge to a rival. Claims include 10x's contention that the other firm overstated its ability to measure gene activity. 10x Genomics Inc. v. Celsee Inc., 1:19-cv-00862 (D. Del. Filed May 8, 2019).

"This is a significant patent case between two big boys," Durie said. "We got a very nice ruling from the bench following the Markman hearing [on Aug. 5]. We argued by phone, and I was a little worried because people use slide decks in claims construction, but we sent ours ahead and the judge could see what we were talking about."

-- John Roemer