The former client, Vaxiion Therapeutics Inc., a biotechnology research firm in San Diego, claimed that its lawyers at Foley & Lardner filed a provisional application for an international patent several days past the deadline. To obtain international protection for the U.S. patent, the lawyers had to file within one year of the U.S. provisional patent application date of May 24, 2001.
In December, U.S. District Judge Irma E. Gonzalez of the Southern District of California on summary adjudication struck several of Vaxiion’s claims, including one for punitive damages.
