Client Successes

Illumina Continues Critical Work in Human Genomics

Working at the cutting edge of science and medicine, Marshall, Gerstein & Borun LLP's client, Illumina, Inc., created its Genome Analyzer, HiSeq, and MiSeq instruments to sequence DNA at extremely high speeds. When Life Technologies Corp. claimed that the sequencers infringed three of its DNA amplification patents, Marshall Gerstein's trial attorneys led a three-year defense of Illumina. Ultimately, the district court granted our motion for summary judgment disposing of the infringement claims, later affirming its ruling on Life Technologies’ motion for reconsideration. As a result, Illumina can continue with its critical work in the field of human genomics.

Intellectual Property Infringement Lawsuit filed by CureVac Against BioNTech

Close up of rack of test tubes with solution

Marshall, Gerstein & Borun LLP represents CureVac, a global biopharmaceutical company developing a new class of transformative medicines based on mRNA, in an intellectual property infringement lawsuit filed originally in June 2022 relating to COVID-19 variant adapted vaccines, including the Omicron and XBB1.5 variants and EP4023755, relating to split poly A tail mRNA vaccines.

In May 2023, CureVac filed a counterclaim in the U.S. that alleges infringement of nine U.S. patents, expanding the scope of the case beyond the three patents originally named by Pfizer/BioNTech. These nine patents have now been extended by a tenth patent (US11667910), which relates to mRNA purification methods, a critical part of the overall mRNA manufacturing process.

Partner Mark Izraelewicz represents CureVac in the U.S. and Oliver Jan Jüngst from Bird & Bird and Andreas Graf von Stosch from Graf von Stosch Patentanwaltsgesellschaft represent CureVac in Germany.

Mark H. Izraelewicz, Partner