Simmering feud between bluebird and a rival continues with allegations of patent fraud

Oct 25, 2021 | News

Simmering feud between Bluebird and a rival continues with allegations of patent fraud

Bluebird Bio was hit with a patent infringement lawsuit last week from a Chica go-based biotech it has had an ongoing beef with calling for $2 billion to help cure the “irreparable harm” caused by alleged willful infringement. Bluebird Bio is facing a lawsuit from Er rant Gene Ther a peu tics for violating patent law in two instances, the company says. The suit alleges that Bluebird infringed the rights of EGT’s re com bi nant vectors used in the gene ther a py treatment of rare diseases such as sickle cell disease and beta-thalassemia for its drugs Zyn te glo and Lenti Glo bin. EGT has an exclusive license from the Memorial Sloan Kettering Cancer Center to patents titled “vector encoding hu man global gene and use thereof in the treatment of Hemoglobinopathies.”

In 2016, Errant said that Bluebird and Third Rock, a venture capital firm co-founded by Bluebird CEO Nick Leschly, blocked their gene ther a py from reaching the market. In 2010, Errant was set to start clinical trials with MSK and NIH, and Third Rock met with MSK and “admitted” that the Er rant vec tor was better than blue bird’s. That, Errant alleges, led to a secret agreement to stall the development of Errant’s vector. MSK demanded that Er rant find a commercial partner as a condition before starting clinical trials — but despite Errant fulfilling that condition, MSK rejected the contract and instead initiated arbitration against Er rant, the drug de vel op er claimed in the lawsuit.

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