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Seagen Gets PGR Nixed Under Fintiv in Rehearing Decision

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 The Morrison Foerster team representing Seagen Inc. in a recent U.S. Patent Trial and Appeal Board (PTAB) hearing was featured in Law360’s coverage of the decision.

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The Morrison Foerster team representing Seagen Inc. in a recent U.S. Patent Trial and Appeal Board (PTAB) hearing was featured in Law360’s coverage of the decision.The team persuaded the PTAB to deny a challenge from Daiichi Sankyo Inc. and AstraZeneca Pharmaceuticals to its cancer antibody patent, with the board saying the post-grant review is no longer warranted under the controversial Fintiv precedent. The ruling marked the second time the board has granted a rehearing request in the case and reversed an earlier institution decision. The decision also helps cement Seagen’s $41.8 million jury win in parallel Texas litigation in April.Michael Jacobs, Matthew Chivvis, Bryan Wilson, Matthew Kreeger, Parisa Jorjani, Sumaiya Sharmeen, Karl Johnston, Chris Han, and Evelyn Chang represented Seagen on the matter.Read the <a href="http://media2.mofo.com/documents/220718-seagen-gets-pgr-nixed-under-fintiv.pdf">full article</a>.

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Matthew protects his clients’ intellectual property and defends his clients 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 matters in many of the top patent 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 technical 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, hiking, and trail running.

Matthew A. Chivvis

Partner

Bryan Wilson is a partner in the firm’s Intellectual Property Group. He is a first-chair trial lawyer with an expansive range of experience handling intellectual property matters in a variety of venues. His successful track record in recent years includes trade secrets and patent cases in both state and federal courts as well as in arbitration proceedings. He is co-chair of the firm's Trade Secrets Working Group and former chair of the Litigation Department in the firm's Palo Alto office. Bryan teaches a seminar in trade secret law as a Lecturer in Law at Stanford Law School and is a contributing editor to Trade Secrets (Law and Business 2016).Bryan’s jury trials include Hansen Medical, Inc. v. Luna Innovations, Inc., which was tried in Santa Clara County Superior Court and resulted in a $36 million trade secret and breach-of-contract verdict for Hansen Medical.Bryan also has extensive experience in arbitration proceedings with JAMS/Endispute, the American Arbitration Association, and private arbitration proceedings, including the arbitration of patent infringement claims, business disputes and trade secret matters.Bryan also maintains an active pro bono practice, representing organizations including the Mono Lake Committee, the Peninsula Open Space Trust, the Coastside Land Trust, the Tuolumne River Trust, and the National Law Center on Homelessness and Poverty. Before law school, Bryan worked for the Save San Francisco Bay Association and the U.S. Environmental Protection Agency.In 2012, 2013, 2014, 2016, and 2018, Legal 500 US recommended Bryan as a leading attorney for trade secrets, describing him as “‘a very smart, thoughtful attorney,’ who is ‘courteous and assertive in trial.’”

Bryan Wilson

Matt has over two decades of experience representing clients in intellectual property cases. He has represented numerous clients in the pharmaceutical, biotech and medical device industries, in cases involving technologies such as antibody therapeutics and diagnostics, nucleic acid testing, vaccines, and small molecules. Matt also works for clients in information technology, leveraging his software experience. In one case for a computer networking company, Matt persuaded the court to issue an early favorable claim construction for an encryption patent, resulting in summary judgment in the client’s favor. In another case involving hybridization assays, Matt was part of the trial team in a successful arbitration establishing infringement of the client’s patent. Matt is a member of MoFo’s PTAB Litigation Group, representing clients in inter partes review, post-grant review, covered business method and derivation proceedings under the America Invents Act. Matt has served as lead counsel on more than forty such proceedings. In one case for an early stage medical device client, Matt filed an inter partes review petition that persuaded the opposing party to license the patent on favorable terms. In addition, Matt has served as lead or co-lead counsel in more than twenty patent interferences, including one ground-breaking interference confirming that the client was the first to invent a test to screen for HIV antibodies used in blood banks throughout the world.Matt has more than ten years of experience as a consultant in software design and development. He has programmed in C, C++, Pascal, and assembly language, and has developed data analysis and instrument control programs for chemical instrumentation companies.

Matthew I. Kreeger

Senior Counsel

Parisa Jorjani is of counsel in the firm’s Intellectual Property Group. Parisa focuses her practice on patent litigation, primarily representing life sciences companies, and has experience with all aspects of patent litigation, from initial case assessment through trial, appeals to the Federal Circuit, and the Supreme Court.Her patent litigation practice includes district court, arbitration and appellate experience, as well as experience in related proceedings, such as inter partes review, reexamination requests, interference proceedings and interference appeals. Her cases have involved a variety of life sciences and medical device technologies, from monoclonal antibodies and small molecules to HIV diagnosis kits and beating heart surgery devices. She has achieved favorable results for clients, such as winning motions to dismiss, motions for summary judgment, obtaining findings of noninfringement, invalidity, and inequitable conduct, and both upholding and invalidating patent claims in Patent Office proceedings. Parisa also has experience in district court and appellate proceedings under the Hatch-Waxman Act.Parisa is a registered patent attorney admitted to practice before the United States Patent and Trademark Office (PTO). She is also a member of the firm’s Inter Partes Review and Post Grant Practice, which was formed to help companies navigate the new adversarial proceedings instituted by the America Invents Act.Parisa earned a bachelor’s of science degree in chemical engineering (with an emphasis in biotechnology) from the University of California at Berkeley. Prior to law school, Parisa worked as a research associate in the Process Development group at Bayer Healthcare, where she focused on the design, execution and scale-up of novel fermentation processes. Parisa received her law degree cum laude from Hastings College of the Law, where she was a member of the Communications and Entertainment Law Journal. Parisa also served as a judicial extern for the Honorable Marilyn Hall Patel, former Chief Judge of the Northern District of California. Before joining the firm, Parisa practiced patent prosecution and trademark litigation at a boutique IP firm in San Francisco.

Parisa Jorjani

Of Counsel

Sumaiya Sharmeen counsels clients in complex IP litigation matters in the hardware, software, medical device, biotechnology, and pharmaceutical industries.Sumaiya is a member of the firm’s Intellectual Property Group. She applies her degrees in medical biophysics, genetics, and biotechnology to assist clients in intellectual property litigation matters, including trade secrets and patent litigation, preparing infringement and validity analysis, and serving as counsel in fact and expert depositions, motions, hearings, and jury trials. Sumaiya’s work in this area includes proceedings involving gene therapy, monoclonal antibodies, antibody-drug conjugates, manufacturing and purification process of recombinant proteins, and small molecule inhibitors.Prior to joining the firm, Sumaiya was an attorney in Toronto, where she focused on IP litigation as well as strategic IP counseling. She has litigated before the state and federal trial courts on a wide-range of technologies, including biotechnology, pharmaceuticals, and information technology. In addition to her litigation practice, Sumaiya has advised clients on strategic transactional issues and patent licensing discussions. Sumaiya is admitted to practice in California and Ontario (Canada). In addition to her degrees, she earned a certificate in Artificial Intelligence from UC Berkeley Law.

Sumaiya Sharmeen

Associate

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

Patent Litigation

Patent Trial and Appeal Board (PTAB) Litigation