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The Bristol Myers loses a rehearing offer to revive the Gilead patent verdict by $1.2 billion

The Bristol Myers loses a rehearing offer to revive the Gilead patent verdict by $1.2 billion

Juno Therapeutics, based in Bristol, lost on Friday a bid to convince a US appeals court to overturn its own decision which resulted in a $1.2 billion patent lawsuit against Gilead Sciences.

Juno's request for a rehearing by a three-judge panel or the full court has been rejected by the entire United States Court of Appeals for the Federal Circuit without a comment.

Juno sued Kite Pharma of patent infringement in Los Angeles in 2017 for alleging Kite's Yescarta, an immunotherapy for lymphoma, copied its cancer treatment.

According to a company regulatory filing, Gilead earned $563 million from Yescarta sales in 2020.

A jury has decided in 2019 that Kite would infringement the patent and $778 million to Juno and Memorial Sloan Kettering Cancer Center in New York, which has been licensed to Juno.

The award came last year by a three-judge Federal Circuit panel, who found the patent unenforceable because it nailed properly.

Juno the appeals court will rehear the case, arguing that the panel misinterpreted the law on patent validity.

Juno's petition has been filed by Amgen, St. Jude's Children's Research Hospital, and others, and said that the decision will impede innovation in biologics such as Juno's for treating cancer and other diseases.

Kite Pharma did not immediately respond to a request for comment on the decision.

The case is filed against Juno Therapeutics Inc v. Kite Pharma Inc, the United States Court of Appeals for the Federal Circuit, No. 20-1758.

Morgan Chu of Irell & Manella, Greg Castanias of Jones Day

For Kite: Josh Rosenkranz and Mel Bostwick of Orrick Herrington & Sutcliffe, Jeff Weinberger of Munger Tolles & Olson, Geoff Biegler of Fish & Richardson

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