In Brief: A Digest of Life Sciences IP Litigation Projects

Client Success

The National Law Journal released the nation’s largest verdicts of 2012, compiled by its affiliate VerdictSearch. Husch Blackwell attorneys were recognized as counsel on the third-largest jury verdict, representing. In a patent-infringement trial against DuPont Co., Monsanto (now Bayer) was awarded $1 billion in jury verdict involving herbicide-resistant soybeans. After a three week trial in a federal court in Missouri, the jury returned a verdict in less than an hour in favor of Monsanto. Monsanto claimed DuPont and its agricultural crop subsidiary, DuPont Pioneer Hi-Bred International, violated a 2002 license agreement. DuPont was found guilty of willfully infringing Monsanto’s patent for herbicide-resistant seeds that are able to survive exposure to glyphosate, the active ingredient in the Roundup weed killer made by Monsanto. Husch Blackwell utilized the novel damages theory (accelerated market entry) that netted the $1 billion judgment in favor of Monsanto.
Represented Monsanto (now Bayer) in several significant decisions, including: (1) preprinted, uniform contracts offered to customers are enforceable even if the customers claim not to have read it; (2) our client was legally entitled to license the use of patented crop seed for use during a single growing season; (3) client’s forum selection clause was enforceable; and (4) damages for self-replicating inventions such as seed can and should be greater than the cost of a bag of the seed at a retail outlet. After a favorable jury verdict and a finding of willfulness in a patent infringement case, a district court awarded our client damages of $2,937,527.07, representing a combination of patent infringement damages, attorneys’ fees and costs, and treble damages. Federal court upheld $2.9 million judgment.
Represented a large biotech company in a lawsuit for breach of license agreement and consequent infringement of patents. Following a nonjury trial, the court found in favor of our client, issuing a permanent injunction against the defendant and a monetary award in favor of client in the amount of nearly $800,000.
Successfully defended an active pharmaceutical ingredient manufacturer at the International Trade Commission and U.S. District Court on certain patents claiming a composition and method of using a synthetically produced active metabolite of folic acid. We also are challenging four of those same patents in an inter partes review proceeding before the Patent Trial and Appeal Board.
Counsel for Rockwell International Corp. in numerous patent infringement lawsuits and in worldwide licensing programs involving metallorganic chemical vapour deposition (MOCVD) semiconductor processing technology pertaining to high brightness LEDs, semiconductor lasers, solar cells and other semiconductor devices.
Represented TWi Pharmaceuticals, Inc. in a patent infringement case alleging its generic version of Par Pharmaceutical’s Megace ES infringed Alkermes’ (formerly lan) patent for nanocrystal megestrol acetate. After a seven-day bench trial, the court entered judgment for TWi in February 2014 finding the asserted patent invalid as obvious.
Invalidated Pfizer, Inc.’s patent covering amlodipine besylate, the active ingredient in Pfizer’s multibillion-dollar drug Norvasc. We represented Apotex during trial and appeal and successfully established that amlodipine besylate would have been obvious to someone with ordinary skill in the field. The Federal Circuit agreed, clearing the way for Apotex to introduce a generic version of the drug. Pfizer filed for a writ of certiorari in the Supreme Court seeking to vacate and remand the Federal Circuit decision. We were successful in getting the Court to deny that writ.
Represented Bio-Engineered Supplements Nutrition (BSN) against a charge of patent infringement over a bodybuilding supplement. After BSN prevailed in the district court, we took a leading role defending that judgment on appeal. In a complete vindication of the client’s position, U.S. Court of Appeals for the Federal Circuit affirmed the trial court’s judgment that BSN had clearly and convincingly shown the patent to be invalid as anticipated by the disclosures of prior advertisements.
Brought lawsuit on behalf of a Fortune 500 manufacturer for infringement of its patent relating to polypropylene strapping material. Critical to the case was our team’s ability to understand and explain the polymer chemistry and extrusion processing technologies at issue. Following discovery and Markman claim construction briefing, we were able to obtain a settlement for the client.
Represented a generic drug manufacturer in a patent infringement lawsuit involving an osteoporosis drug. Husch Blackwell obtained summary judgment that two patents were invalid for obviousness. Our team also defeated motion for preliminary injunction to prevent client from launching a generic version of the drug. This preliminary injunction decision was upheld on appeal to a federal court.