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MoFo Helps Secure Favorable Settlement for Ferring Pharmaceuticals in Dispute over GLP-2 Inhibitor Apraglutide

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MoFo secured a highly favorable settlement for Ferring Pharmaceuticals, a leader in the fields of gastroenterology and...

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MoFo secured a highly favorable settlement for Ferring Pharmaceuticals, a leader in the fields of gastroenterology and reproductive medicine. The settlement resolves Ferring’s claims against VectivBio, a subsidiary of Ironwood Pharmaceutical, relating to the GLP-2 inhibitor apraglutide. MoFo filed a complaint last October in the Eastern District of Texas that included allegations of trade secret misappropriation and inventorship as to certain apraglutide intellectual property, and reached the settlement just before the New Year. As part of the settlement, VectivBio agreed to make $12.5 million in upfront payments to Ferring, as well as to pay a high single digit running royalty on future sales. The MoFo team was led by partner Matthew Chivvis, with support from partner Daralyn Durie, partner Alyssa Monsen, and associates Vi Tran, John Douglass, Evelyn Chang, and Aaron Chow.

MoFo Helps Secure Favorable Settlement for Ferring Pharmaceuticals in Dispute over GLP-2 Inhibitor Apraglutide

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Matthew is Co-Chair of Morrison & Foerster LLP’s Life Sciences IP Litigation Group, where he has long made it his mission to protect his clients’ intellectual property and defend them when they are wrongly accused of infringement. His hearing and trial experience is extensive. Whether exploring complex technical issues regarding a biologic drug, or digging into the finer points of patent law, he excels at keeping his opponents on their toes. Intellectual Asset Management 1000 remarked that Matthew is “a skilled technical lawyer and brief writer who can handle large and nuanced cases.” He has litigated patent and contract matters in many of the top IP venues throughout the United States, including the District Courts of California, Texas, Delaware, and New Jersey, the Federal Circuit, and the International Trade Commission.Life sciences clients often rely on Matthew’s extensive experience and his ability to grasp complex and cutting-edge issues quickly. His work in this area includes proceedings involving monoclonal antibodies, antibody-drug conjugates, small molecule inhibitors, vaccines, nutritional supplements, bioimplants, drug-eluting stents, blood glucose monitoring devices, plant genetics, and animal husbandry. He knows the ins and outs of the “patent dance” in Biologics Price Competition and Innovation Act (BPCIA) proceedings, and has advised clients on successful strategies for engaging in multi-phased BPCIA and Hatch-Waxman Act matters.Matthew is a registered patent attorney, and his considerable experience includes practicing before the United States Patent and Trademark Office, especially in inter partes and post grant review proceedings. He also regularly advises clients on plant and agriculture intellectual property matters, including strategic use of plant patents, plant-variety protection certificates, and trademark rights. In addition to life sciences matters, Matthew has litigated cases involving internet firewalls, network security, virtualization, smartphone, interactive television, website, and display technologies.Matthew graduated from law school magna cum laude and was presented with the Academic Excellence Award for his graduating class. He clerked for Chief Judge James Ware (ret.) of the Northern District of California from 2007 to 2008. Before law school, Matthew received a Bachelor of Science in molecular biology.Having grown up in Alaska, Matthew has great appreciation for the outdoors. In his free time, he enjoys skiing, cycling, and alpine mountaineering.

Matthew A. Chivvis

Partner

Daralyn Durie is among the top trial lawyers in the country, acting as go-to trial counsel for both plaintiffs and defendants. Daralyn’s exceptional track record has earned her consistent recognition from leading national publications. Chambers has listed her among the top 10 intellectual property lawyers in the U.S. and Law360 has recognized her as an “Icon of IP” and an MVP. Benchmark Litigation reported that “going against her was like going against a boxer in which you know you’re going to get hurt.” She’s a fellow in the American College of Trial Lawyers, a member of the American Board of Trial Advocates, and an inductee into the California Trial Lawyer Hall of Fame.Daralyn’s legal career began at Berkeley Law, followed by a clerkship for the Honorable Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. She became a partner at a litigation boutique in 1999 and, in 2009, co-founded Durie Tangri, a premier litigation boutique that later combined with Morrison Foerster in 2023.In addition to her courtroom successes, Daralyn is actively involved in the legal community. She is a board member of the National Women’s Law Center, a past president of the Northern California Association of Business Trial Lawyers, and served as an adjunct professor at Berkeley Law, where she taught civil trial advocacy.Life SciencesDaralyn has decades of experience in the life sciences sector. She spearheaded the enforcement of Genentech’s Cabilly family of patents, which generated billions of dollars in licensing revenue. She served as lead counsel in the Herceptin biosimilar litigation and recently achieved a plaintiff-side jury verdict of $178 million in a patent infringement case involving melanoma therapy.TechnologyIn the tech sector, Daralyn recently won defense jury verdicts for Aptiv (USB hubs), Activision (in the Eastern District of Texas), and Redbubble. She served as lead counsel for Google, defending Google Books from copyright infringement claims. Following extensive litigation on copyright and antitrust issues, Google prevailed on summary judgment, resulting in Daralyn being named an Attorney of the Year by California Lawyer magazine.

Daralyn Durie

Alyssa Monsen is a seasoned lawyer specializing in life sciences patent litigation.Her legal practice is concentrated in U.S. federal district and appellate courts, as well as inter partes review proceedings before the Patent Trial and Appeal Board. Alyssa has a robust track record of representing innovator pharmaceutical companies in high-stakes litigation, with a focus on therapies related to oncology, ophthalmology, and infectious diseases.Her experience spans all phases of patent litigation, encompassing pre-litigation strategic planning, trial, and appeals to the Federal Circuit. Additionally, Alyssa is skilled in advising clients on patent portfolio assessment, due diligence, and strategies for international patent enforcement.Alyssa has been recognized by Super Lawyers as a Rising Star since 2017, and Best Lawyers added her to its 2023 Ones to Watch list in the areas of Intellectual Property and Patent Litigation.Before her legal career, Alyssa served as a strategy consultant for pharmaceutical companies at Computer Sciences Corporation. She also gained valuable experience in market research, working with a firm that serves hedge funds and institutional investors, focusing on the pharmaceutical, biotechnology, medical device, and dental sectors.<h4>Representative Experience</h4><ul><li>Trial and appeal counsel for Johnson & Johnson subsidiary Janssen Pharmaceuticals in patent infringement suits filed under the Hatch-Waxman Act and inter partes review proceedings involving blockbuster prostate cancer drug, Zytiga®.</li><li>Litigation counsel for Genetech, Gilead, and Hoffman-La Roche in a patent infringement suit filed under the Hatch-Waxman Act involving blockbuster influenza drug, Tamiflu®.</li><li>Trial and appeal counsel for plaintiffs in patent infringement suits filed under the Hatch-Waxman Act involving topical ophthalmic antibiotic, AzaSite®.</li></ul>

Alyssa Monsen

Vi Tran is an associate in the IP Litigation Group based in New York.Dr. Vi Tran has comprehensive experience in litigation, encompassing pre-suit investigation, drafting of legal documents, discovery, and collaboration with both expert and fact witnesses, as well as advising clients on litigation preparation, strategic patent lifecycle management, and due diligence. She leverages her extensive experience to support life science clients in navigating complex patent issues, including those related to Abbreviated New Drug Application (ANDA) and Biologics Price Competition and Innovation Act (BPCIA) litigations. She also represents clients in parallel patent proceedings such as Inter Partes Reviews (IPRs) and Post Grant Reviews (PGRs) before the Patent Trial and Appeal Board (PTAB).Dr. Tran earned her Ph.D. in Organic Chemistry from the University of California, Irvine, where she was part of the inaugural class of the Medicinal Chemistry and Pharmacology Gateway Program. Under the guidance of Dr. Keith Woerpel, her doctoral research focused on the stereoelectronic control of nucleophilic addition to five-membered ring oxocarbenium ions, with implications for developing anti-viral and anti-bacterial agents. She completed her B.S. in Chemistry at the California Institute of Technology where she engaged in research under Dr. Jacqueline K. Barton, evaluating modified carbon electrodes for biosensors detecting DNA mismatches, and under Dr. Brian M. Stoltz, where she developed methodologies for palladium-catalyzed formation of carbon-carbon bonds in methylindoles.Prior to law school, Dr. Tran worked as a research associate in pharmaceutical R&D for a pharmaceutical giant. There, she synthesized and analyzed small molecules for treating neurological dysfunctions and was involved in drafting patent applications for new compounds aimed at treating depression.<h4>Other Distinctions</h4>Dr. Tran is a named inventor in the following US Patents:<ul><li>N.I. Carruthers, J.A. Jablonowski, C.R. Shah, B.T. Shireman, D.M. Swanson, V.T. Tran, V.D. Wong, Serotonin Receptor Modulators, U.S. Patent Nos. 8,642,583 and 9,981,909.</li><li>N.I. Carruthers, B.T. Shireman, V.T. Tran, J.A. Jablonowski, Modulators of Serotonin Receptor, U.S. Patent Nos. 8,575,364 and 8,957,059.</li><li>N.I. Carruthers, G.J. MacDonald, B.T. Shireman, V.T. Tran, 2-Aminopyrimidine Compounds as Serotonin Receptor Modulators, U.S. Patent No. 8,829,011.</li></ul>

Vi Tran

Associate

John is an associate in the Litigation Department with substantial trial experience. His practice focuses on intellectual property litigation.John has represented clients ranging from startups to large multinational companies in intellectual property litigation. He has litigated patent infringement, trade secret misappropriation, and complex commercial claims in federal and state courts, in private arbitration, and before the U.S. International Trade Commission and U.S. Patent and Trademark Office. His matters have involved a broad range of technologies, including semiconductors, touch screens, network security, media systems, and live therapeutics.Before becoming an attorney, John worked as an aerospace engineer at NASA and Space Systems/Loral. While attending law school, John interned in the Federal Circuit Court of Appeals and at the FCC. John has also clerked in the U.S. District Court for the Northern District of California.John is admitted to practice in California.

John Douglass

Evelyn Chang is an associate in the Litigation Department of Morrison & Foerster’s Palo Alto office.Evelyn’s practice focuses on a range of intellectual property issues, including patent disputes and litigation. She has also worked on contract disputes over patent and technology rights for biopharmaceutical companies.Evelyn received her J.D. from Harvard Law School, where she was a digest submissions editor of the Harvard Journal of Law and Technology. She was co-president and delegation chair of the Harvard Asia Law Society and participated in the Harvard Law School Cyberlaw Clinic. Evelyn received her M.S. and B.S. in chemical engineering from Stanford University.

Evelyn Li-Jin Chang

Aaron Chow is an associate in Morrison Foerster’s San Francisco office and a member of the firm’s Intellectual Property Group. Aaron’s practice primarily focuses on patent litigation.Aaron earned his J.D. from New York University School of Law, where he received the Desmarais Scholarship for Patent Law and served as a student fellow at NYU’s Engelberg Center. During law school, he co-chaired the Patent Division of NYU’s intellectual property association and served as a staff editor for the Moot Court Board. He also externed with the U.S. Attorney’s Office for the Eastern District of New York.  Aaron received his B.S. in Biology from the University of California, Los Angeles. He graduated cum laude with Departmental Honors.