California federal Judge Beth Freeman ruled in favor of firm client Genentech on Monday, granting attorneys’ fees in a long-winding patent infringement case brought by Phigenix against the blockbuster breast cancer drug Kadcyla. In the ruling, Judge Freeman also agreed to join Dr. Carlton Donald, the inventor of the patent at issue, to the case and to allow Genentech to refile its motion to assess fees against him directly.
Phigenix first brought the case against Genentech in 2014 and Judge Freeman dismissed the suit on summary judgment in August 2017, finding no induced infringement. MoFo attorneys argued for exceptional case fees in March 2018.
The MoFo team on the case was led by Michael Jacobs and included Catherine Polizzi, Matthew Kreeger, Matthew Chivvis, Jamie Kendall, Chanwoo Park, Sorin Zaharia, Yan Qi, and Chris Meier. The firm is also currently representing Genentech on Phigenix’s appeal of its defeat to the Federal Circuit. The case is Phigenix Inc. v. Genentech Inc., case number 5:15-cv-01238 (subscription required), in the U.S. District Court for the Northern District of California.