Patricia A. Carson, Ph.D.

Arbutus Biopharma Corp., et al. v. Moderna, Inc., et al. — Representing Moderna in litigation brought by Arbutus and Genevant, which allege that Moderna's COVID-19 vaccines infringe patents related to nucleic acid-lipid particles.

Ferring Pharmaceuticals, Inc., et al. v. Finch Therapeutics Group, Inc., et al. – Represented Finch Therapeutics and The Regents of the University of Minnesota in a patent infringement case against Ferring Pharmaceuticals and Rebiotix, involving microbiota therapy that resulted in a $25 million jury verdict.

Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. – Represented TriZetto and its parent company, Cognizant Technology Solutions, in a trade secret misappropriation, unfair competition and breach of contract matter against Syntel, involving healthcare software systems that resulted in a $855 million total jury verdict.

EagleView Technologies, Inc., et al. v. Xactware Solutions, Inc., et al. – Represented Eagle View Technologies in patent infringement case against a competitor in aerial rooftop imagery and analytics that resulted in a $125 million jury verdict and permanent injunction.

Incyte v. Flexus Biosciences — Second-chaired a successful trade secret trial for Bristol-Myers Squibb’s subsidiary, Flexus, and its founders where the plaintiff sought more than $1 billion. Prevailed at summary judgment in eliminating six out of eight alleged trade secrets and cutting damages by one-half. Trial resulted in a unanimous jury verdict for all defendants.

Regeneron v. Merus — Defended Merus B.V. against plaintiff Regeneron Pharmaceutical, Inc.’s claims of patent infringement. Pat served as lead counsel in the case, which was resoundingly resolved by the district court in favor of Merus through a favorable claim construction decision that led Regeneron to stipulate that the asserted patent is invalid and not infringed and a finding by the court that the patent was procured by inequitable conduct.

Butamax v. Gevo — Defended Butamax Advanced Biofuels LLC against plaintiff Gevo, Inc.’s claims that Butamax’s process for producing isobutanol infringed two of Gevo’s patents. The judge granted summary judgment in favor of Butamax, holding that Butamax did not infringe Gevo’s patents. The judge also invalidated one of the asserted patents on summary judgment for failing to comply with the written description and enablement requirements. Butamax’s decisive victories on summary judgment obviated the need for trial.

ARIAD v. Eli Lilly — Represented ARIAD Pharmaceuticals, Inc., Massachusetts Institute of Technology, The Whitehead Institute for Biomedical Research, and The President and Fellows of Harvard College, in their lawsuit against Eli Lilly and Company (“Lilly”), claiming infringement of their pioneering U.S. patent covering methods of treating human disease by regulating NF-kB cell-signaling activity. The jury in the U.S. District Court for Massachusetts ruled unanimously in favor ARIAD et. al., finding the patent was valid and infringed by Lilly's osteoporosis drug, Evista®, and septic shock drug, Xigris® and awarded damages of approximately $65.2 million plus future damages on an ongoing basis through the patent expiration date in 2019.

Wyeth/Elan v. Kappos — Represented Wyeth (Pfizer) and Elan, in a landmark victory successfully challenging at the district court and on appeal to the Federal Circuit, the U.S. Patent and Trademark Office’s interpretation of the statute designed to compensate patent holders for loss of patent term due to delays in processing applications. At the time of the Federal Circuit’s decision affirming the district court’s ruling in favor of Wyeth and Elan, more than 100 cases were pending in the U.S. District Court and waiting on the decision on appeal.

Pfizer/Wyeth v. Watson — Represented Pfizer/Wyeth against Watson Pharmaceuticals, Inc. over Watson’s efforts to gain FDA approval to market generic sirolimus tablets, which Pfizer markets under the brand name Rapamune®. Rapamune is approved to prevent organ rejection in kidney transplant patients. The district court rejected all of Watson’s invalidity theories and issued an order barring the FDA from approving Watson's generic product prior to the expiration of Pfizer’s patent.

Pfizer v. Teva — Represented Pfizer against Teva Pharmaceuticals over Teva’s efforts to gain FDA approval to market generic linezolid, which Pfizer markets under the brand name Zyvox®. Zyvox is a first-in-class antibiotic to treat vancomycin resistant bacterial infections. The case was resolved by settlement on favorable terms for Pfizer.

Genzyme v. TKT — Represented TKT in a patent infringement action brought by Genzyme asserting that TKT’s production of its protein drug to treat Fabry disease, infringed Genzyme’s patent directed to processes for making human alpha-galactosidase A. The district court ruled on summary judgment in favor of TKT (affirmed on appeal) that TKT’s revolutionary gene activation technology did not infringe Genzyme’s patent.

Genentech v. Amgen — Represented Genentech in a seven-year dispute regarding Genentech’s pioneering patents for producing proteins recombinantly. The lawsuit, filed in the Northern District of California by Genentech, asserted infringement by Amgen’s process for producing its top selling drug, Neupogen®, used to fight infections in cancer patients undergoing chemotherapy. The case ultimately settled and under terms of the settlement, Amgen agreed to make a one-time payment to Genentech.

Amgen v. Hoffmann-La Roche — Represented Hoffman La Roche in a patent infringement action brought by Amgen and tried before a jury in the U.S. District Court for the District of Massachusetts relating to Roche’s new synthetic drug for treating anemia. On September 15, 2009, the Federal Circuit affirmed in part and reversed and remanded in part the district court’s ruling in favor of Amgen and the two companies subsequently entered into a settlement agreement. The agreement allows Roche to market its drug prior to the last expiration date of Amgen’s asserted patents.

Kaye Scholer LLP (Partner)

Clifford Chance U.S. (Partner)