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.

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