Cell therapy is one way to treat certain cancers. But it’s expensive because the cells must be extracted from the patient, exported to a cell manufacturing facility for processing, and then sent back to the hospital or clinic to give to the patient. In Lonza Walkersville, Inc. v. Adva Biotechnology Ltd, 2022 U.S. Dist 11335, Lonza asked for a TRO against Adva Biotechnology Ltd, alleging that its X3 technology infringed on Lonza’s patent, a “Cocoon Platform,” a self-contained bioreactor incorporating an all-in-one cell therapy manufacturing technology designed to make cell therapy available close to where the patients receive treatment. The court agreed that Lonza was likely to succeed on the merits (that is, that Adva likely infringed on its patent), would suffer irreparable harm without the TRO because it would lose business opportunities, sales, and market share, and that the balance of equities and the public interest favored the TRO to support the sanctity of the patent system as the backbone of innovation. Interestingly, Adva provided no evidence or argument about the bond that should be posted, and so a nominal bond of $5,000 was set.
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