The first portion of the three-part CAR is called the intracellular domain of the human CD3 ζ (zeta) chain. It claims priority to a provisional application filed May 28, 2002, a time period that one of the inventors labeled as “the birth of the CART field.” J.A. The ’190 patent relates to a nucleic acid polymer encoding a three-part CAR for a T cell. This CAR allows the T cell to recognize the specific antigen for which it was programmed. Filed: 3 CAR into the T cell so that the cell produces the CAR on its surface. The reprogramming involves introducing genetic material containing a nucleotide sequence encoding for a Case: 20-1758 Document: 75 JUNO THERAPEUTICS, INC. Chimeric antigen receptor (CAR) T-cell therapy involves isolating a patient’s T cells reprogramming those T cells to produce a specific, targeted receptor (a CAR) on each T cell’s surface and infusing the patient with the reprogrammed cells. They have naturally occurring receptors on their surfaces that facilitate their attack on target cells (such as cancer cells) by recognizing and binding an antigen, i.e., a structure on a target cell’s surface. BACKGROUND T cells are white blood cells that contribute to the body’s immune response. Because we conclude that the jury verdict regarding written description is not supported by substantial evidence, we reverse. 7,446,190 are not invalid for lack of written description or enablement, (2) the ’190 patent’s certificate of correction is not invalid, and (3) Juno Therapeutics, Inc., and Sloan Kettering Institute for Cancer Research (collectively, Juno) were entitled to $1,200,322,551.50 in damages. appeals a final judgment of the United States District Court for the Central District of California that (1) claims 3, 5, 9, and 11 of U.S. _ Before MOORE, Chief Judge, PROST and O’MALLEY, Circuit Judges. WEINBERGER, Munger, Tolles & Olson LLP, Los Angeles, CA. BIEGLER, Fish & Richardson, San Diego, CA TED G. BOSTWICK, ROBBIE MANHAS, JEREMY PETERMAN, Washington, DC GEOFFREY DONOVAN Case: 20-1758 2 Document: 75 Page: 2 JUNO THERAPEUTICS, INC. JOSHUA ROSENKRANZ, Orrick, Herrington & Sutcliffe LLP, New York, NY, argued for defendant-appellant. SWIZE, Jones Day, Washington, DC LISA LYNN FURBY, Chicago, IL ANDREA WEISS JEFFRIES, Los Angeles, CA MATTHEW J. _ Decided: Aug_ MORGAN CHU, Irell & Manella LLP, Los Angeles, CA, argued for plaintiffs-appellees. KITE PHARMA, INC., Defendant-Appellant _ 2020-1758 _ Appeal from the United States District Court for the Central District of California in No.
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No reasonable jury could find the patent’s written description sufficiently demonstrates that the inventors possessed the full scope of the claimed invention.Ĭase: 20-1758 Document: 75 Page: 1 Filed: United States Court of Appeals for the Federal Circuit _ JUNO THERAPEUTICS, INC., SLOAN KETTERING INSTITUTE FOR CANCER RESEARCH, Plaintiffs-Appellees v. The district court held that the claims were not invalid for lack of written description or enablement, the patent’s certificate of correction was not invalid, and Juno was entitled to $1,200,322,551.50 in damages. It claims priority to a provisional application filed in 2002, at “the birth of the CART field.” Kite’s YESCARTA® is a “therapy in which a patient’s T cells are engineered to express a to target the antigen CD19, a protein expressed on the cell surface of B-cell lymphomas and leukemias, and redirect the T cells to kill cancer cells.” Juno’s patent relates to a nucleic acid polymer encoding a three-part CAR for a T cell.
T cells, white blood cells that contribute to the immune response, have naturally occurring receptors on their surfaces that facilitate their attack on target cells (such as cancer cells) by recognizing and binding an antigen, i.e., a structure on a target cell’s surface.