Reversal In CAR-T Patent Battle Shows Federal Circuit’s Preference For Narrow Claims

Appeals court finds that Juno/BMS patent is invalid, overturning $1.2bn jury verdict against Kite/Gilead. Ruling illustrates court does not like functionally-defined patent claims, attorneys say. Decision could impact future CAR-T patents and disputes.

CAR T-cell immunotherapy
Gilead wins reversal in CAR T-cell immunotherapy patent battle • Source: Alamy

In a significant upset, the US Court of Appeals for the Federal Circuit reversed a jury verdict that Kite Pharma, Inc.’s Yescarta infringed Juno Therapeutics Inc.’s chimeric antigen receptor (CAR) T-cell therapy patent. The decision shows the difficulty in pursuing broad patents claiming the backbone of the technology and the need to describe all elements of claims.

Juno, now Bristol Myers Squibb Company, sued Kite, now a subsidiary of Gilead Sciences, Inc., claiming its use...

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