September 16, 2016
Partner Ed Reines and associate Derek Walter have been selected as “Litigators of the Week” by The AmLaw Litigation Daily for securing for Illumina, a major manufacturer of DNA sequencers, a rare preliminary injunction shutting down a competitor’s infringing product.
On September 9, U.S. District Judge William Alsup of the Northern District of California granted Illumina’s motion for a preliminary injunction barring rival Qiagen from selling its competing DNA sequencer, the GeneReader NGS system, in the United States until the litigation is resolved. In his opinion, Judge Alsup stated that Illumina had presented “a rare and powerful case for the unusual remedy of a preliminary injunction,” and importantly held that “Illumina would suffer irreparable harm if Qiagen were allowed to capture and define the market with pirated technology alongside its preexisting relationships and disruptive business model.”
The AmLaw Litigation Daily underscored the exceptional outcome Weil achieved, stating that “The U.S. Supreme Court has set a high bar for patent-based injunctions, so Weil, Gotshal & Manges partner Edward Reines and associate Derek Walter get Litigator of the Week honors for meeting it in a high-stakes case.” The article notes that Mr. Reines and Mr. Walter have been working together on life science patent cases for close to a decade, highlighting Mr. Reines’ expertise as an experienced trial and appellate litigator and Mr. Walter’s Ph.D. in chemistry.
This critical early victory is the latest Weil has achieved for Illumina in its multi-jurisdictional dispute with Qiagen, which has encompassed, among other things, an earlier patent infringement action in Delaware federal court adverse to Columbia University, proceedings to invalidate Columbia’s patents-in-suit before the Patent Trial and Appeal Board, and Columbia’s appeal of the PTAB decision to the Federal Circuit.
Commenting on the most recent decision, Mr. Reines said: “A success like this requires a lot of contributions. Good planning is always one of them.”