Gensetix v. Baylor College of Medicine

Baker Botts, Folger, Brar, Ford, O’Neil & Gray and Gordon Arnold of Arnold & Saunders, LLP advised on the case

A Texas state judge dismisses with prejudice a case against Baylor College of Medicine (“BCM”), one of its researchers, Dr. William Decker and its licensee Diakonos Research Ltd. (“Diakonos”).

The case was brought by Gensetix, a licensee of immune-cancer therapy patents from University of Texas, MD Anderson’s Cancer Center (“UT”). Gensetix alleged that the defendants tortuously interfered with its license with UT and engaged in civil conspiracy. BCM and the other defendants moved to dismiss the petition under the Texas Citizens Protection Act (TCPA), which is Texas’ version of an anti-slapp statute.

The TCPA provides for a mandatory award of attorneys’ fees and sanctions in cases that come within the scope of the statute.

This is now the second case brought by Gensetix against the defendants to be dismissed. Back in December 2018, the United States District Court for the Southern District of Texas dismissed a patent infringement case against the same defendants on the basis that Gensetix lacked standing to bring suit. UT owned the patents at issue and declined to join the case, thus leaving Gensetix without standing to pursue its claims. That case is currently on appeal to the United States Court of Appeals for the Federal Circuit.

Baker Botts advised Baylor College of Medicine with Paul Morico (Picture), Amy Hefley, Liz Flannery and Travis Gray.

Dr. William Decker is represented by Robin O’Neil and Murray Folger of Folger, Brar, Ford, O’Neil & Gray.

Arnold & Saunders, LLP advised Diakonos with Gordon Arnold.

Involved fees earner: Gordon Arnold – Arnold & Saunders; Elizabeth Durham Flannery – Baker Botts; Travis Gray – Baker Botts; Amy Pharr Hefley – Baker Botts; Paul Morico – Baker Botts; Murray Folger – Folger Brar Ford O’Neil & Gray; Robin O’Neil – Folger Brar Ford O’Neil & Gray;

Law Firms: Arnold & Saunders; Baker Botts; Folger Brar Ford O’Neil & Gray;

Clients: Baylor College of Medicine; Diakonos Research Ltd.; William Decker;


Author: Ambrogio Visconti