Juno Therapeutics, Inc. et al v. Kite Pharma, Inc., No. 2:2017cv07639 - Document 728 (C.D. Cal. 2020)

Court Description: FINAL JUDGMENT by Judge Philip S. Gutierrez, in favor of Juno Therapeutics, Inc., Memorial Sloan Kettering Cancer Center, Sloan Kettering Institute for Cancer Research against Kite Pharma, Inc.: NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT JUDGMENT IS HEREBY ENTERED IN THIS MATTER AS FOLLOWS: Kite has infringed claims 3, 5, 9, and 11 of United States Patent No. 7,446,190. Judgment is entered against Kite on its counterclaims of non-infringement and invalidity. Plaintiffs shall recover: (1) $778,343,501 on the jury verdict, comprising (a) a $585,000,000 upfront payment; and (b) $193,343,501, calculated as a 27.6 percent running royalty on each of (i) Kite's net revenues from sales o Yescarta from Oct ober 18, 2017 through September 30, 2019, which were $603,650,765; and (ii) Kite's net revenues from sales of Yescarta from October 1, 2019 to December 12, 2019, which were $96,869,167; (2) pre-judgment interest on the jury's verdict in the amount of $32,807,300, and (3) enhanced damages of $389,171,750.50. (see document for further details) (bm)

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Juno Therapeutics, Inc. et al v. Kite Pharma, Inc. Doc. 728 1 2 4/8/2020 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 JUNO THERAPEUTICS, INC., MEMORIAL SLOAN KETTERING 12 CANCER CENTER, AND SLOAN 13 KETTERING INSTITUTE FOR CANCER RESEARCH, 14 Plaintiffs, 15 v. 16 KITE PHARMA, INC., 17 Defendant. 18 Case No. 2:17-cv-07639-PSG-KSx [PROPOSED] FINAL JUDGMENT Hon. Philip S. Gutierrez Courtroom 6A 19 AND RELATED COUNTERCLAIMS 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT Case No. 2:17-cv-07639-PSG-KSx Dockets.Justia.com 1 This action came on for jury trial on December 3, 2019, in Courtroom 10C of 2 the above-entitled Court, the Honorable District Court Judge S. James Otero 3 presiding. On December 13, 2019, the jury returned a unanimous verdict in favor of 4 Plaintiffs Juno Therapeutics, Inc., and Sloan Kettering Institute for Cancer Research 5 (“Plaintiffs”), and against Defendant Kite Pharma, Inc. (“Kite”). Dkt. No. 593 6 (redacted version); Dkt. No. 594 (sealed version). The Court has now considered and 7 resolved each side’s consolidated post-trial motions. 8 NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED 9 THAT JUDGMENT IS HEREBY ENTERED IN THIS MATTER AS 10 FOLLOWS: 11 1. Kite has infringed claims 3, 5, 9, and 11 of United States Patent No. 12 7,446,190 (“the ’190 Patent”) since October 18, 2017, by making, selling, and/or 13 offering to sell Yescarta® in the United States. 14 2. Kite’s infringement of claims 3, 5, 9, and 11 of the ’190 Patent has been 15 willful. 16 3. Claims 3, 5, 9, and 11 of the ’190 Patent are not invalid for lack of 17 enablement or written description. 18 4. The ’190 Patent’s Certificate of Correction is not invalid. 19 5. Judgment is entered against Kite on its counterclaims of non- 20 infringement and invalidity. 21 6. Plaintiffs shall recover: (1) $778,343,501 on the jury verdict, 22 comprising (a) a $585,000,000 upfront payment; and (b) $193,343,501, calculated as 23 a 27.6% running royalty on each of (i) Kite’s net revenues from sales of Yescarta® 24 from October 18, 2017 through September 30, 2019, which were $603,650,765; and 25 (ii) Kite’s net revenues from sales of Yescarta® from October 1, 2019 to December 26 12, 2019, which were $96,869,167; (2) pre-judgment interest on the jury’s verdict in 27 the amount of $32,807,300, and (3) enhanced damages of $389,171,750.50. 28 2 [PROPOSED] FINAL JUDGMENT Case No. 2:17-cv-07639-PSG-KSx 1 7. As provided in 28 U.S.C. § 1961, Plaintiffs shall also recover post- 2 judgment interest on all amounts listed in paragraph 6 above, at a rate of 0.15%, 3 compounded annually, from the date of this Judgment until the Judgment is paid. 4 8. Kite shall pay Plaintiffs a running royalty of 27.6% of its net revenues 5 for Yescarta® and any other therapy using the same infringing CAR from December 6 13, 2019 to the expiration date of the ’190 Patent, August 28, 2024. Kite shall disclose 7 its net revenues for Yescarta® and any other therapy using the same infringing CAR 8 to Plaintiffs by the second Monday following the end of each quarter and wire 9 Plaintiffs a corresponding royalty payment by that same date. Further, within ten (10) 10 days of entry of this Judgment, the parties shall submit to the Court proposed terms 11 for inspection and reporting procedures regarding the therapies and revenues subject 12 to the ongoing royalties awarded in this paragraph. 13 14 Dated: April 8 , 2020 15 16 HONORABLE PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] FINAL JUDGMENT Case No. 2:17-cv-07639-PSG-KSx

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