Juno Awarded Additional $389 Million ‘Enhanced Damages’ for Wilful Infringement by Kite
As previously reported, in December last year a Californian court held that Gilead Sciences’ Kite Pharma’s sales of its blood cancer immunotherapy Yescarta infringed Juno Therapeutic’s exclusively licensed patent and awarded Juno $752 million damages. In two recent judgements, Kite’s woes have worsened with the US courts dismissing Kite’s appeal to have the ruling overturned on the basis that the patent was invalid, and upholding Juno’s petition for enhanced damages due to wilful infringement. Last week a US judge found that the infringement had been wilful and ordered Kite to pay “enhanced damages” of more than $389 million bringing the total award against Kite to more than $1.1 billion.
Gilead Sciences, who own Kite, have said they will appeal this decision.