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Intellectual Property
Patent Infringement

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

Haywood S. Gilliam Jr.

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


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