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Gilead-Backed Stem Cell Startup Beats Patent Suit

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Morrison Foerster was featured in Law360’s coverage of client Shoreline Biosciences’ total victory against patent infringement claims brought by Fate Therapeutics and the Whitehead Institute in the Southern District of California, with the district court granting Shoreline’s motion for summary judgment of non-infringement on each claim.

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Morrison Foerster was featured in Law360’s coverage of client Shoreline Biosciences’ total victory against patent infringement claims brought by Fate Therapeutics and the Whitehead Institute in the Southern District of California, with the district court granting Shoreline’s motion for summary judgment of non-infringement on each claim.The MoFo team representing Shoreline included Eric Acker, Michael Jacobs, Drew Hiller, and Regan Rundio.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt6ae2f6c9508aa269/64f79e1be3f72ff6d0969d8f/230905-gilead-backed-stem-cell-startup.pdf" target="_blank">full article</a>.

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Eric has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country and was inducted into the American College of Trial Lawyers in 2018. His cases have involved a wide variety of technologies - including software, drug compositions, antibodies, medical devices, ultra-short pulse lasers, camera-based object recognition systems and atomic force microscopes – and significant stakes for clients.For instance, in the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell’s ownership of the copyrights to the UNIX software code and rejected SCO’s claim for damages of $100 to $200 million. Eric received a California Lawyer Attorney of the Year (CLAY) Award for his defense of Novell. In the Chugai v. Alexion case involving recycling antibody technology, he helped secure a $775 million settlement for Chugai hours before jury selection and opening statements. He has recently tried intellectual property cases in district courts in seven different states.Eric was named the Best Lawyers in America San Diego Litigation Patent Lawyer of the Year in 2014 and San Diego Litigation - Intellectual Property Lawyer of the Year in 2018 and was named a “California Local Litigation Star” in the 2015-2018 and 2022 and 2023 issues of Benchmark Litigation.Prior to joining Morrison Foerster, Eric spent 10 years as a federal prosecutor in the U.S. Attorney’s Offices for the District of Columbia and the Southern District of California.

Eric M. Acker

Partner

Drew Hillier uses his first-chair experience and background as a former federal law clerk to navigate the most complex intellectual property disputes.He has a record of success representing Fortune 100, Fortune 500, and other sophisticated clients in patent suits in district courts across the country, as well as before the PTAB, the Judicial Panel on Multidistrict Litigation, and the Federal Circuit. He also represents clients in complex matters involving the intersection of patent rights with antitrust, unfair trade practices, trade secrets, and licensing.Drew focuses his practice on patent litigation, with an emphasis on the pharmaceutical, biologic drug, diagnostic equipment, and medical device sectors. Executives and in-house counsel in those fields have entrusted Drew to defend their companies in the most crucial aspects of litigation. Clients regularly rely on Drew, with his extensive courtroom experience, to lead oral argument on high-stakes matters.Drew is an elected member of the Board of Governors of the Association of Business Trial Lawyers. His achievements have been recognized nationally, including winning The American Lawyer’s Litigator of the Week runner-up honors.Before clerking in a U.S. district court, Drew graduated first in his class and was editor-in-chief of the Connecticut Law Review at the University of Connecticut, School of Law, which he attended on a full-tuition merit scholarship. He is a Phi Beta Kappa graduate of Saint Louis University, where he earned his B.A. summa cum laude.<h4>Representative Experience</h4><ul><li>Won summary judgment in the Southern District of California in a cellular-therapeutics patent infringement case.</li><li>Represented Chugai in patent litigation in the District of Delaware involving Chugai’s revolutionary antibody recycling technology. The team secured a $775 million settlement for Chugai hours before jury selection and opening statements at trial.</li><li>First-chaired a bench trial in an international dispute.</li><li>Defended a pharmaceutical company in a suit involving dozens of patents from seven patent families directed to controlled release and abuse-deterrent dosage forms in the District of Delaware.</li><li>Represented an alleged patent infringer in the District of Connecticut, including winning a motion to dismiss the patentee’s complaint for failure to state a claim and defeating the patentee’s motion to transfer to the Eastern District of Texas.</li><li>Defended a medical device manufacturer in a patent case in the Southern District of California.</li><li>Litigated an inventorship and licensing dispute involving spinal implants to a successful resolution in the Southern District of New York.</li><li>Defended an international law firm in a suit brought by a celebrity rapper involving rights of publicity. The court ultimately ruled in the firm’s favor.</li><li>Litigated a patent infringement dispute over genetic-sample collection devices in the Southern District of California.</li></ul>

Drew Hillier

Associate

Regan Rundio is an associate in the Intellectual Property Litigation Group, based in the Austin office. He draws on his experience as a former federal district court clerk and patent examiner at the U.S. Patent & Trademark Office (USPTO) to develop favorable litigation strategies for clients. Regan’s background is in the semiconductor devices, consumer electronics, robotics, and fintech industries.Regan has litigated patent and trade secret disputes before federal district and appellate courts, the Patent Trial and Appeal Board, and the International Trade Commission. His work has included deposing witnesses and composing pleadings, contentions, discovery requests, dispositive motions, and appellate briefs.Prior to joining Morrison Foerster, Regan clerked in the U.S. District Court for the Western District of Texas for the Honorable Alan Albright and helped manage one of the country’s largest patent dockets. While in law school, Regan worked as a patent examiner at the USPTO, where he examined applications directed to transistors, light emitting devices, imagers, photovoltaics, packaging structures, and methods of depositing, treating, and patterning semiconductor nanostructures.Regan obtained his J.D., cum laude, from the Georgetown University Law Center, where he served as an executive editor of the Georgetown Law Journal. He holds a B.A. in Physics.

Regan Rundio

Life Sciences + Healthcare

Litigation

Patent Litigation