• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

McCarter & English Logo

  • People
  • Services
  • Insights
  • Our Firm
    • Leadership Team
    • Social Justice
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Client Service Values
    • Alumni
  • Join Us
    • Lawyers
    • Summer Associates
    • Patent Professionals
    • Professional Staff
    • Job Openings
  • Locations
    • Boston
    • Philadelphia
    • East Brunswick
    • Indianapolis
    • Stamford
    • Hartford
    • Trenton
    • Miami
    • Washington, DC
    • New York
    • Wilmington
    • Newark
  • Share

Share

Browse Alphabetically:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • All
Bankruptcy, Restructuring & Litigation
Blockchain, Smart Contracts & Digital Currencies
Business Litigation
Cannabis
Coronavirus Resource Center
Corporate
Crisis Management
Cybersecurity & Data Privacy
Delaware Corporate, LLC & Partnership Law
Design, Fashion & Luxury
E-Discovery & Records Management
Energy & Utilities
Environment & Energy
Financial Institutions
Food & Beverage
Government Affairs
Government Contracts & Global Trade
Government Investigations & White Collar Defense
Healthcare
Hospitality
Immigration
Impact Investing
Insurance Recovery, Litigation & Counseling
Intellectual Property
Labor & Employment
Life Sciences
Manufacturing
Products Liability, Mass Torts & Consumer Class Actions
Public Finance
Real Estate
Renewable Energy
Sports & Entertainment
Tax & Employee Benefits
Technology Transactions
Transportation, Logistics & Supply Chain Management
Trusts, Estates & Private Clients
Venture Capital & Emerging Growth Companies
  • Broadcasts
  • Events
  • News
  • Publications
  • View All Insights
Search By:
Insights Publication Magazine Open Stack
Main image for BMS Cancer Treatment Patent Survives Merck Attack, For Now
News

BMS Cancer Treatment Patent Survives Merck Attack, For Now

Law360

3.31.2016

​A Delaware federal judge on Tuesday refused to dismiss a suit by Bristol-Myers Squibb accusing Merck of infringing a patent for its immunotherapy cancer treatment, saying that although the patent is directed to a natural phenomenon, further discovery is needed to determine if it is invalid.

U.S. District Judge Gregory M. Sleet said that the patent covering Bristol-Myers Squibb Co.’s cancer treatment, which uses a patient’s own immune system to eliminate cancer cells by using antibodies that bind to a protein called PD-1, is in fact directed to a natural phenomenon, as Merck and Co. argued. But the judge held that more discovery is needed to determine whether the claims of the patent add enough to the phenomenon to qualify as patent-eligible under the Supreme Court’s precedent.

Merck is represented by Michael P. Kelly, Daniel M. Silver and Benjamin A. Smyth of McCarter & English LLP.

sidebar

pdfemail

Related People

Media item: Benjamin A. Smyth
Benjamin A. Smyth

Partner

Media item: Michael P. Kelly
Michael P. Kelly

In Memoriam

Media item: Daniel M. Silver
Daniel M. Silver

Partner

Related Services

Business Litigation
Subscribe to our Insights
McCarter & English, LLP
Copyright © 2023 McCarter & English, LLP. All Rights Reserved.
  • Login
  • Attorney Advertising
  • Privacy
  • Awards Methodology
  • Contact
  • Subscribe
  • Sitemap

The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

Accept Cancel