Kira A. Davis

Kira A. Davis is an experienced courtroom lawyer who represents pharmaceutical, medical device and biotechnology companies in patent litigation. She is sought after for her ability to craft winning litigation strategies and provide strategic advice to clients.

Some of her notable clients include Avadel Pharmaceuticals plc, Dropworks, Inc., Edwards Lifesciences, Genentech, Regeneron Pharmaceuticals, Inc. and Vanda Pharmaceuticals Inc.

One significant case where Davis served as lead counsel was for an ongoing patent infringement lawsuit. Arbutus Biopharma Corporation, et al., v. Moderna, Inc., et al., C.A., 22-252 (D. Del., filed Feb. 28, 2022). She represents her client, Arbutus and its licensee, Genevant, as they seek fair compensation for Moderna’s use of Arbutus’s patented lipid nanoparticle delivery platform in the Moderna COVID-19 vaccine. Notably, the court ruled that Moderna has not demonstrated liability of the U.S. government for any infringement, and the case continues against Moderna.

Davis has overcome significant challenges in the case, including the unexpected argument from the U.S. government suggesting that Arbutus should have sued the government instead of Moderna.

“Months after the district court initially denied Moderna’s efforts to shift liability for any infringement to the U.S. government, the government unexpectedly submitted a brief arguing that Moderna had been correct and that Arbutus should have sued the government, not Moderna, over Moderna’s COVID vaccine,” Davis said. “We and Genevant successfully convinced the district court not to revisit its prior ruling, and the case continues against Moderna, which has profited from its use of Arbutus’s patented technology.”

Over the past several years, Davis said, innovator pharmaceutical and biotechnology companies have seen changes in both U.S. and international patent law that affect their return on investment for the immense expense of discovering and bringing to market new therapeutics.

“Different types of therapies are treated quite differently, and newer and quite promising classes of therapies are subject to a greater degree of uncertainty,” she explained. “For example, antibody therapies — many of which have been successful in treating serious diseases — may soon be harder to protect based on possible anticipated changes in the patent law, whereas gene therapies are so new as a class of therapies that we don’t fully know how different courts will treat them.”

“New therapies are critically important to the health care sector,” Davis continued. “Some types of therapies require years of development before human clinical trials, and a reduced investment now by innovator companies could have ramifications for years to come.”

She is passionate about promoting access and diversity in the IP bar and actively participates in professional societies, such as Los Angeles Intellectual Property Law Association’s women in IP committee. Davis also contributes to the education of future patent law leaders through presentations and lectures, including her recent lecture on “Carving Out Induced Infringement: Strategy for Skinny Labels” at the Berkeley Center for Law & Technology.