ERRANT GENE THERAPEUTICS, LLC v. SLOAN-KETTERING INSTITUTE

150856/17.

182 A.D.3d 506 (2020)

123 N.Y.S.3d 118

2020 NY Slip Op 02534

Errant Gene Therapeutics, LLC, Respondent, v. Sloan-Kettering Institute for Cancer Research et al., Appellants. Errant Gene Therapeutics, LLC, Respondent, v. Sloan-Kettering Institute for Cancer Research, Defendant, and Bluebird Bio, Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 30, 2020.


In the early 2000's, defendant Sloan Kettering Institute for Cancer Research's (Sloan-Kettering) researcher, Dr. Michel Sadelain, developed an experimental gene therapy treatment for thalassemia using a recombinant "vector," i.e., a DNA molecule used as a vehicle to artificially carry foreign genetic material into another cell (the Sloan vector). In 2001, Sloan-Kettering filed for patent protection on the Sloan vector technology and was granted US Patent No. 7,541,179.

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