Overview
Christopher Jagoe focuses his practice on patent litigation related to chemical, pharmaceutical and biotech matters. He has experience in all aspects of litigation, including numerous jury trials, bench trials and appeals to the Federal Circuit. He was named an “IP Star” by Managing Intellectual Property in 2013 and 2014.
Christopher has litigated patent cases involving synthetic organic chemistry, medicinal chemistry and pharmaceuticals, medical devices and polymers, as well as biology, agriculture, and biofuels. He is also registered to practice before the United States Patent and Trademark Office. In addition to counseling on patent prosecution, intellectual property enforcement and freedom to operate, Christopher has advised clients in merger and acquisition deals and licensing matters.
Prior to joining Kirkland, Christopher was a partner at Kaye Scholer. He also has a B.S. in agronomy and a Ph.D. in organic chemistry. Prior to his career in law, he held senior scientific positions in the pharmaceutical industry. He is a named inventor on patents and an author of scientific publications in organic and medicinal chemistry.
Experience
Representative Matters
Pharmaceutical Industry Matters — Represented patentees in cases involving original patents on DPP-IV enzyme inhibitors for treatment of type-II diabetes; and patents directed to anti-CD38 antibodies for treatment of multiple myeloma and other cancers. Represented defendants in cases involving patents directed to crystalline polymorphs, transdermal delivery of anti-Parkinson’s disease drugs; and ophthalmic compositions containing NSAIDs.
Butamax v. Gevo — Represented Butamax Advanced Biofuels LLC against plaintiff Gevo, Inc.’s claims that Butamax infringed a patent related to decarboxylase enzymes used in the production of biofuels. Mr. Jagoe successfully argued a motion for summary judgment of non-infringement and invalidity of the asserted patent that ended the case.
Butamax v. Gevo — Represented Butamax Advanced Biofuels LLC against plaintiff Gevo, Inc.’s claims that Butamax infringed a patent related to iron regulation and transcription factors used in the production of biofuels. Mr. Jagoe successfully argued a motion for summary judgment of non-infringement of the asserted patent that ended the case.
Invista v. Dupont — Represented Dupont in a set of contract and patent disputes related to the manufacture and use of nylon and related polymers.
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.
Pfizer v. Teva — Represented Pfizer against Teva Pharmaceuticals in an ANDA litigation where a federal court in the District of New Jersey (Newark) upheld the three main U.S. patents covering Celebrex, the company’s selective non-steroidal anti-inflammatory (NSAID) medicine used to treat pain and inflammation. The patents had been challenged by generic manufacturer Teva Pharmaceuticals USA. The district court ruled that the patents covering the active ingredient, pharmaceutical composition and method of use for Celebrex are valid, enforceable and infringed by the generic manufacturer’s product.
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.
Bayer CropScience v. Dow AgroSciences and Pioneer Hi-Bred International — Defended Pioneer (a Dupont Company) against plaintiff Bayer’s claims of infringement of several patents related to insect resistant crops where the district court found the asserted patents were unenforceable due to inequitable conduct. The decision was later affirmed on appeal.
More
Thought Leadership
Publications
"More Like a Patent Hill," IP Pro Patents: Pharma Facts, Issue 0008 10-12, June 7, 2016
"The Role of Healthy Sales in IPR," Life Sciences Intellectual Property Review (LSIPR), March 17, 2016
Seminars
Panelist, "Strategies for Managing Global Patent Portfolios under New Patent Regimes," Global IP Conference and Exhibition, June 18-19, 2014
Speaker, "Post-Grant Proceedings Under the America Invests Act," NJ Law Journal's In House Counsel Lecture, September 24, 2013
Recognition
Memberships & Affiliations
Credentials
Admissions & Qualifications
- 2000, New Jersey
- 2001, New York
- 2001, Connecticut
- Registered to practice before the United States Patent and Trademark Office
Courts
- United States District Court for the District of New Jersey
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States Court of Appeals for the Federal Circuit
Education
- Fordham University School of LawJ.D.2000
- Indiana UniversityPost-doctoral research fellow in Organic Chemistry1991
- Boston CollegePh.D., Organic Chemistry1991
- University of ConnecticutB.S., Agronomy1985
News &
Insights
- Award Impact Deal of the Year 2023
- In the News A Whole Mess of Litigator of the Week Runners-Up and Shout Outs
- Press Release Kirkland Advises SK Capital Partners on Acquisition of Apotex
- Kirkland Alert U.S. Supreme Court Monsanto Decision Leaves Patent Exhaustion Questions about Self-Replicating Products Unanswered
- Press Release Kirkland & Ellis Bolsters IP Practice as Litigators Leora Ben-Ami, Thomas Fleming, Patricia Carson and Christopher Jagoe Join New York Office