NEW YORK, Sept. 19 LAWFUEL – Law News Daily — The closely watched patent dispute involving some of the leading cancer researchers in the world concluded in complete victory for Weil, Gotshal & Manges LLP ‘s client Yeda Research & Development Co., Ltd.
The case concerns a dispute as to who invented the subject matter of a key patent covering the use of ImClone’s anti-cancer drug Erbitux. Yeda
argued that three Israeli scientists, Prof. Michael Sela, Dr. Esther
Hurwitz and Dr. Esther Pirak, were the true inventors and that the
individuals named on the patent had not in fact contributed to the
Following a three-week bench trial, the US District Court for the
Southern District of New York issued a 140-page decision finding in favor
of Yeda on all issues, effectively granting Yeda ownership of the patent.
The Court ruled that the Israeli scientists were solely responsible for the
invention described in the patent and ordered the US Patent and Trademark
Office to make a complete substitution of inventors, removing the seven
individuals originally named on the patent.
Nicholas Groombridge, who argued the case for Yeda on behalf of Weil
Gotshal, said, “This decision not only gives Israeli inventors credit for
their the pioneering invention but will also increase the availability of
that invention to cancer patients. Yeda is a licensing organization and
will now seek to license all companies that are willing to agree to
commercially reasonable terms.”
Weil, Gotshal & Manges LLP’s Team
Partners: Nicholas Groombridge (Litigation, New York)
Associates: Daniel J. Melman (New York), Jeannie Karl (New York), Brian
Paul Gearing (New York)
About Weil, Gotshal & Manges
Weil, Gotshal & Manges LLP is an international law firm of over 1,100
lawyers, including approximately 300 partners. Weil Gotshal is
headquartered in New York, with offices in Austin, Boston, Brussels,
Budapest, Dallas, Frankfurt, Houston, London, Miami, Munich, Paris, Prague, Providence, Shanghai, Silicon Valley, Singapore, Warsaw, Washington DC and Wilmington.