The U.S. Court of Appeals for the Federal Circuit tossed a $1.2 billion fine against Gilead Sciences after invalidating portions of a Memorial Sloan Kettering Cancer Center patent licensed to a Bristol Myers Squibb subsidiary.
The patent was the basis for the previous ruling against Foster City, Calif.–based Gilead, which related to patent infringement claims associated with Yescarta, a CAR-T immunotherapy developed by Gilead’s Kite Pharma subsidiary. The Bristol Myers Squibb unit Juno Therapeutics had developed a similar treatment.
In a legal opinion representing a unanimous three-judge decision, Chief U.S. Circuit Judge Kimberly Moore reasoned that the portions of the Memorial Kettering Cancer Center patent lacked adequate details.
In 2019, a jury concluded that Kite Pharma had infringed on the patent and awarded the Memorial Sloan Kettering…