Donald R. Ware

Representative Experience

• Represented Dana-Farber Cancer Institute in patent litigation against Bristol-Myers Squibb and Ono Pharmaceutical concerning inventorship and ownership of groundbreaking patents directed to PD-1/PD-L1 cancer immunotherapy.  As lead counsel in 9-day federal court trial, obtained judgment for Dana-Farber correcting inventorship, making Dana-Farber a co-owner of all the patents.  The Court of Appeals for the Federal Circuit affirmed the judgment in all respects, 964 F.3d 1365 (Fed. Cir. 2020), and the United States Supreme Court denied Defendants’ petition for writ of certiorari (May 2021).
• Defended Biogen in a litigation brought by Knopp Neurosciences concerning ownership of patient biosamples obtained by Biogen in a phase 3 clinical trial investigating the treatment of ALS. Obtained dismissal with prejudice of Knopp's claim just before trial.
• Represented Becton, Dickinson and Company in a patent infringement suit brought by Gen-Probe involving methods of automating nucleic acid diagnostic assays and related consumable products. Obtained favorable settlement, including global license to patent estate, just before trial.
• Represented Biogen in a patent litigation with Sanofi-Aventis involving patents directed to human CMV regulatory sequences.  Obtained Writ of Mandamus ordering transfer of venue from Eastern District of Texas.  566 F.3d 1338 (Fed. Cir. 2009).  Obtained judgment of non-infringement, affirmed on appeal.  473 Fed. Appx. 885 (Fed. Cir. Mar. 22, 2012)
• Represented University of Massachusetts Biologic Laboratories in dispute with MedImmune over royalty obligations under technology license agreement covering MedImmune's Synagis® drug for treatment of RSV. Obtained judgment after trial requiring MedImmune to continue paying eight-figure royalties. Judgment affirmed on appeal.
• Represented Johns Hopkins University and Xanthus Pharmaceuticals in Delaware Court of Chancery in a dispute over ownership of intellectual property relating to a novel method of treating autoimmune disorders, resulting in negotiation of patent license.
• Defended University of Massachusetts (UMass) in federal court action brought by Max Planck Institute and Alnylam Pharmaceuticals against three co-owners of patent applications directed to therapeutic uses of RNA interference. Obtained judgment in favor of UMass on all damages claims asserted against it. Thereafter, negotiated global settlement agreement by which UMass became a co-owner of Max Planck’s competing patent applications on RNA interference.
• Represented Biogen, Genzyme and Baxter Healthcare in multidistrict litigation challenging Columbia University's Axel patent on recombinant DNA technology, resulting in a grant of a royalty-free covenant not to sue.
• Defended Becton, Dickinson in a patent infringement suit brought by Enzo Biochem involving nucleotide sequences used in genetic probes. Summary judgment of invalidity affirmed in Enzo Biochem, Inc. v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005)
• Represented Johns Hopkins University and Baxter Healthcare in patent litigation against CellPro involving human stem cell technology. Won jury verdict of willful infringement and awards of treble damages and attorneys’ fees. Judgments affirmed in Johns Hopkins Univ. v. CellPro, Inc., 152 F.3d 1342 (Fed. Cir. 1998).
• Author of numerous amicus briefs on behalf of professional and trade associations, including Supreme Court briefs in Amgen v. Sandoz, Cuozzo Speed Technologies, LLC v. Lee, Octane Fitness v. Icon, Mayo Clinic v. Prometheus Laboratories, and Microsoft v. i4i.