Jury finds willful infringement and awards full damages in dispute involving antibody discovery technology
Desmarais LLP won a significant victory for its clients Harbour Antibodies BV and, Erasmus University Medical Center Rotterdam, securing a jury verdict in their favor in a patent infringement trial against Amgen Inc. and Teneobio Inc.
Following a trial in the U.S. District Court for the District of Delaware, the jury found that Amgen and Teneobio willfully infringed U.S. Patent No. 10,906,970, which relates to technology for developing human antibodies in rodents. The jury awarded Harbour the full $20.2 million in damages sought and rejected all invalidity defenses asserted by the defendants, including challenges based on obviousness, written description, and enablement.
The lawsuit involved technology underlying Harbour's Harbour Mice® platform. Harbour alleged that Teneobio's UniRat® platform infringed patented technology covering the production of human antibodies from transgenic rodents. The jury found that the asserted patent claim was infringed under the doctrine of equivalents and that defendants failed to prove the claim invalid.
"This verdict recognizes the value of the innovation underlying Harbour's antibody discovery platform and the strength of the intellectual property protecting it," said Tamir Packin, partner at Desmarais LLP. "We are pleased that the jury carefully considered the evidence and returned a verdict in favor of our clients."
The jury's finding of willful infringement may permit enhanced damages under applicable patent law.
The Desmarais trial team was led by Tamir Packin and Kyle Petrie and included Brian Matty, Jordan Malz, Adam Steinmetz, Michael Furrow, Jun Tong, Maria Tartakovsky, Bridget Belcher Ph.D., Pascale Boonstra, Tyler Golian, Jae Ko, Chloé Fequiere, Koby Agar, Daniel Krop-Siegmund, and Sam Schneider.
The case is Harbour Antibodies BV et al. v. Teneobio Inc., Case No. 1:21-cv-01807, in the U.S. District Court for the District of Delaware.
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