Brian M. Kramer

Brian M. Kramer is known for his expertise in leading high-profile IP disputes across the nation and on appeal in the Federal Circuit. He has a track record of obtaining substantial damages and protecting valuable assets for innovative companies. In 2022, he secured a $775 million settlement for Chugai Pharmaceutical on the morning of jury selection. Chugai Pharmaceutical Co., Ltd. v. Alexion Pharmaceuticals, Inc., 1:18-cv-1802 (D. Del., filed Nov. 15, 2018).

Kramer also represented Chugai in the ongoing Baxalta Incorporated et al. v. Genentech, Inc. and Chugai Pharmaceutical, Co. Ltd. case involving the hemophilia drug Hemlibra.

The significance of the Chugai v. Alexion case lies in its rare victory for a company holding an antibody patent. The settlement demonstrates the potential for pharmaceutical companies to assert and enforce their antibody-related intellectual property, which has been increasingly invalidated in recent years.

“After COVID-19 hit, the suit bogged down, and the trial date was postponed,” Kramer said. “However, by winning multiple favorable claim construction rulings and developing key infringement evidence via dozens of depositions, our team forced Alexion to stipulate to infringement before trial, meaning Alexion only had one defense left for trial. For months, mediation and talks had ebbed and flowed, but no resolution was found.”

But just hours before jury selection, Kramer added, Alexion agreed to pay a $775 million settlement to Chugai to resolve Chugai’s patent infringement claims based on Alexion’s sale of ULTOMIRIS.

“We successfully defended our client’s revolutionary technology and ensured they were justly compensated for their innovation,” he said.

“The Baxalta v. Genentech, Inc. and Chugai case is especially important because Baxalta is targeting Chugai and Genentech’s hemophilia treatment, Hemlibra, which had $4 billion in 2022 sales,” Kramer continued. “Hemlibra is becoming the new standard of care for more people living with hemophilia A. The treatment is remarkable and patients with hemophilia have benefited tremendously from its launch.”

Apart from his litigation practice, Kramer is actively involved in pro bono cases and organizations. He dedicates his time to representing U.S. veterans seeking benefits and serves as the past resident of the board of directors of the Legal Aid Society of San Diego. He is also the president of the board of directors of the Japan Society of San Diego and Tijuana, promoting cultural and business exchange between Japan, San Diego and Tijuana.