Plexxikon Inc. v. Novartis Pharmaceuticals Corporation
Published: Oct. 22, 2021 | Result Date: Jul. 22, 2021 |Case number: 4:17-cv-04405-HSG Verdict – $177,792,640
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Daralyn J. Durie
(Morrison & Foerster LLP)
David F. McGowan
(Durie Tangri LLP)
Eugene Novikov
(Durie Tangri LLP)
Raghav R. Krishnapriyan
(Durie Tangri LLP)
Kira A. Davis
(Durie Tangri LLP)
Andrew T. Jones
(Durie Tangri LLP)
Katherine E. McNutt
(Durie Tangri LLP)
Jeffrey D. Wilson
(Young, Basile, Hanlon & MacFarlane PC)
Andrew R. Basile Jr.
(Young, Basile, Hanlon & MacFarlane PC)
Eddie D. Woodworth
(Young, Basile, Hanlon & MacFarlane PC)
Ryan T. McCleary
(Young, Basile, Hanlon & MacFarlane PC)
Defendant
William G. Gaede III
(McDermott, Will & Emery LLP)
Thomas P. Steindler
(McDermott, Will & Emery)
Ian B. Brooks
(McDermott, Will & Emery)
Jennifer B. Routh
(McDermott, Will & Emery)
Paul M. Schoenhard
(McDermott, Will & Emery)
Nicole M. Jantzi
(McDermott, Will & Emery)
David Mlaver
(McDermott, Will & Emery)
Sarah C. Columbia
(McDermott, Will & Emery)
Facts
Plexxikon Inc., a developer of small molecule pharmaceuticals, developed a patented drug called Zelboraf, which inhibits the growth of cancer cells that have mutated a form of a certain gene. Zelboraf contains a B-Raf kinase inhibitor with a novel molecular structure that allows it to bind selectively to B-Raf kinases exhibiting the V6000E mutation, which is frequently found in metastatic melanomas. The selectivity for the mutant kinase allowed for effective treatment with fewer toxic side effects. The drug was introduced in 2011, and was the first kinase inhibitor approved for the treatment of melanoma. Plexxikon sued Novartis Pharmaceutical Corp., the developer of another cancer drug entitled Tafinlar, for patent infringement.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant willfully infringed two of its patents related to its melanoma drug Zelboraf. Specifically, plaintiff contended that its two patents were being used in defendant's melanoma cancer drug, Tafinlar. Plaintiffs further contended that defendant unlawfully sold Tafinlar without licensing plaintiff's patents, and thus plaintiff was entitled to recovery of a reasonable royalty.
DEFENDANT'S CONTENTIONS: Defendant stipulated that its drug, Tafinlar, infringed plaintiff's patents. However, defendant contended that plaintiff's patents were invalid.
Result
The jury found that plaintiff's patents were not invalid, and awarded plaintiff $177,792,640.01 in compensatory damages. The jury also found that defendant's infringement was willful, so the court awarded additional, enhanced damages.
Length
Eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390