This case was last updated from PACER on 09/30/2021 at 07:52:41 (UTC).

Rigshospitalet v. Shire-NPS Pharmaceuticals, Inc. et al

Case Summary

On September 29, 2021, Rigshospitalet (“Plaintiff”), represented by Anthony S. Fiotto of Morrison & Foerster, LLP, filed an intellectual property lawsuit against Shire-NPS Pharmaceuticals, Inc. (“Shire-NPS”) and Takeda Pharmaceuticals U.S.A., Inc. (“Takeda USA” (collectively, “Defendants”), seeking treble damages, costs, expenses, and other relief for Defendants’ alleged theft of inventions relating to the revolutionary treatment of short bowel syndrome (“SBS”) in patients with colon in-continuity using GLP-2 receptor agonists. This case was filed in the United States District Court in the District of Massachusetts with Judge F. Dennis Saylor, IV presiding.

 

Rigshospitalet brings this action to remedy Defendants’ alleged theft of inventions relating to the revolutionary treatment of short bowel syndrome (“SBS”) in patients with colon in-continuity using GLP-2 receptor agonists. Allegedly, by misappropriating Rigshospitalet’s inventions, Defendants have earned more than $2 billion in revenue on sales of Gattex® without paying any royalties to Rigshospitalet — a revenue stream that Rigshospitalet could have re-invested in researching and developing other groundbreaking medical treatments.

 

In the complaint, Plaintiff alleged that, “Shire-NPS breached all of these contractual obligations. Shire-NPS breached these contractual obligations by, inter alia, filing and prosecuting the GLP-2 SBS Applications without telling Rigshospitalet and while concealing the filings and prosecutions from Rigshospitalet; recording its alleged ownership of all rights, title, and interests in the GLP-2 SBS Applications and Patents with the Patent Office; holding itself out as owning the GLP-2 SBS Patents by listing them in the Orange Book.”

 

Plaintiff also alleged that, “Shire-NPS is not and never has been the sole and exclusive owner of all rights, title, and interests in the GLP-2 SBS Applications and Patents. Shire-NPS is not and has never been licensed to use the inventions claimed in the GLP-2 SBS Applications and Patents and has never held any right, title, or interest in those applications and patents.”

 

Further, Plaintiff alleged that, “Shire-NPS’s breaches of the Clinical Study Agreement were part of an ongoing and continuous effort to misappropriate Rigshospitalet’s inventions, to prosecute the GLP-2 SBS Applications and Patents, to profit on royalty-free sales of Gattex, and to conceal all of these actions from Drs. Mortensen and Jeppesen and Rigshospitalet.”

 

There are twenty-seven claims for relief laid down by Plaintiff. The first claim is for alleged breach of contract. The second claim is for alleged breach of the implied covenant of good faith and fair dealing. The third claim is for alleged transfer of ownership/quiet title. The fourth claim is for alleged correction of inventorship. Claims five through twenty-three are for the alleged patent infringement. The twenty-fourth claim is for alleged unjust enrichment. The twenty-fifth claim is for alleged fraudulent nondisclosure. The twenty-sixth claim is for alleged conversion and the twenty-seventh claim is for alleged unfair and deceptive trade practices.

 

In the prayer for relief, Plaintiff has requested the court to pass an order for an award of permanent injunctive relief along with damages including, without limitation, treble damages for Defendants’ willful infringement, and knowing and willful violation of Mass. Gen. Laws. C. 93A §§ 1 et seq. Further, Plaintiff requested the court an award of attorneys’ fees and costs and further relief as the court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-11602

  • Filing Date:

    09/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

F. Dennis Saylor, IV

 

Party Details

Plaintiff

Rigshospitalet

Defendants

Shire-NPS Pharmaceuticals, Inc.

Takeda Pharmaceuticals U.S.A., Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Anthony S. Fiotto

Attorney at Morrison & Foerster, LLP

200 Clarendon Street

Boston, MA 02116

 

Court Documents

#5

(#5) Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 09/29/2021)

#3

(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Fiotto, Anthony) (Entered: 09/29/2021)

#2

(#2) CORPORATE DISCLOSURE STATEMENT by Rigshospitalet. (Fiotto, Anthony) (Entered: 09/29/2021)

1 #25

Civil Cover Sheet

1 #24

Exhibit X

1 #23

Exhibit W

1 #22

Exhibit V

1 #21

Exhibit U

1 #20

Exhibit T

1 #16

Exhibit P

1 #15

Exhibit O

1 #13

Exhibit M

1 #12

Exhibit L

1 #11

Exhibit K

1 #6

Exhibit F

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

19 More Documents Available
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Docket Entries

  • 09/29/2021
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  • Docket(#5) Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 09/29/2021)

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  • 09/29/2021
  • Docket(#4) ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 09/29/2021)

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  • 09/29/2021
  • View Court Documents
  • Docket(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Fiotto, Anthony) (Entered: 09/29/2021)

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  • 09/29/2021
  • View Court Documents
  • Docket(#2) CORPORATE DISCLOSURE STATEMENT by Rigshospitalet. (Fiotto, Anthony) (Entered: 09/29/2021)

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  • 09/29/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Takeda Pharmaceuticals U.S.A., Inc., Shire-NPS Pharmaceuticals, Inc. Filing fee: $ 402, receipt number AMADC-8983101 (Fee Status: Filing Fee paid), filed by Rigshospitalet. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Civil Cover Sheet, #26 Category Form)(Fiotto, Anthony) (Entered: 09/29/2021)

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