Dana-Farber Competition Suit Against Bristol-Myers, Ono Proceeds

Aug. 16, 2021, 4:05 PM UTC

Dana-Farber Cancer Institute Inc. may proceed with its state law claims that Bristol-Myers Squibb Co. and Ono Pharmaceuticals Co. exploited cancer immunotherapy patents it co-owned.

The U.S. District Court for the District of Massachusetts rejected the drug companies’ arguments that the suit should be dismissed as barred by earlier litigation over ownership of the patents or preempted by federal law.

The lawsuit is related to an earlier case where the U.S. Court of Appeal for the Federal Circuit found Dana-Farber researchers were properly added as co-inventors on six patents owned by Ono and licensed to BMS.

Dana-Farber sued the drugmakers ...

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