Thank you for sharing!

Your article was successfully shared with the contacts you provided.
BOSTON – Kenyon & Kenyon has withdrawn from representing cancer treatment maker ImClone Systems Inc. in a patent case that spawned witness intimidation sanctions against the company and allegations against a Kenyon & Kenyon partner. A Massachusetts federal judge granted Kenyon & Kenyon’s withdrawal motion on Monday. The case involves claims by plaintiffs MIT that ImClone’s cancer treatment drug Erbitux infringes a patent assigned to MIT and licensed to Waltham, Mass.-based drug maker Repligen Corp. MIT v. ImClone Systems Inc., No. 04-10884 (D. Mass.). George E. Badenoch, a partner at the New York-based intellectual property law firm Kenyon & Kenyon, said the firm filed its motion to withdraw because ImClone hired new counsel. Badenoch also said ImClone’s decision to hire Washington-based Wiley Rein before the judge’s June 8 ruling on the sanctions motion. “The reasons for them doing that, I can’t discuss because of confidentiality,” Badenoch said. The sanctions ruling prohibited ImClone from communicating with an MIT witness and his employer and barred ImClone in-house attorney Thomas Gallagher from information covered by the December 2004 protective order, which concerns the use of confidential information related to the litigation. In it’s original motion for sanctions, MIT had also accused Kenyon & Kenyon partner Paul M. Richter Jr. of trying to intimidate an MIT witness in a deposition. ImClone, which is also based in New York, did not return calls for comment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.