Four Decades for Justice
July 03, 2020
On July 1, 2020, Cravath partner Sharonmoyee Goswami was appointed Vice Chair of the Federal Circuit Bar Association’s Patent Trial and Appeal Board (“PTAB”) and Trademark Trial and Appeal Board (“TTAB”) Committee. The PTAB and TTAB Committee will address the impact of U.S. Patent and Trademark Office (“PTO”), PTAB and TTAB proceedings, decisions and practice in the Federal Circuit Community and implications for court management and best practices in view of the America Invests Act post‑grant, inter partes review and covered business method proceedings. It will also provide information to the FCBA community regarding issues affecting PTAB, TTAB and PTO appeals at the Federal Circuit.
Deals & Cases
On September 18, 2018, a Delaware jury returned a unanimous verdict in favor of Cravath client DRIT LP (“DRIT”) in a patent licensing dispute with Glaxo Group Limited and Human Genome Sciences, Inc. (“GSK”). The jury found that GSK had breached the implied covenant of good faith and fair dealing when it statutorily disclaimed a U.S. patent covering GSK’s lupus drug, Benlysta® to cut off its obligation to pay royalties to DRIT on U.S. sales of Benlysta®. The case arose out of a 2008 agreement under which GSK agreed to pay Biogen Inc. royalties on sales of Benlysta® in exchange for Biogen’s rights to certain intellectual property covering the medication. In 2012, DRIT, an investment vehicle managed by Cravath client DRI Capital, purchased Biogen’s royalty stream. In April 2015, after making royalty payments to DRIT for three years, GSK voluntarily disclaimed the royalty‑bearing patent and ceased paying royalties to DRIT. The matter was tried for six days before a jury in the Delaware Superior Court.
Celebrating 200 years of partnership. In 2019, we celebrated our bicentennial. Our history mirrors that of our nation. Integral to our story is our culture.
Attorney Advertising. ©2024 Cravath, Swaine & Moore LLP.