Lauren Drake’s practice encompasses a wide range of complex commercial litigation, with an emphasis on patent disputes. She has extensive experience representing clients in the pharmaceutical and biotechnology industries. Lauren is admitted to practice before the U.S. Patent and Trademark Office.

Experience

  • NantKwest, Inc. v. Lee. Currently representing NantKwest before the district court and the Federal Circuit in a 35 U.S.C. section 145 action relating to natural killer cell-based therapies for cancer.
  • Celltrion v. Genentech. Defended Genentech in connection with IPR petitions in the Patent Trial and Appeal Board for multiple patents relating to methods of using Genentech’s blockbuster drug, rituximab.
  • PDL BioPharma v. Merck. Secured a $19.5 million lump sum payment from Merck to settle PDL BioPharma’s lawsuit filed in the U.S. District Court for the District of New Jersey alleging that Merck’s manufacture of its cancer drug Keytruda infringed a foundational patent relating to the humanization of recombinant antibodies. The case settled little more than one year after it was filed, following the claim construction hearing.
  • Ariosa Diagnostics, Inc. v. Sequenom, Inc. Represented Ariosa Diagnostics in patent litigation against Sequenom. Ariosa brought an early summary judgment motion, and, on October 30, 2013, the court invalidated Sequenom’s patent because it attempted to cover a natural phenomenon, which is not patent-eligible. The decision gave Ariosa a complete victory, allowing the diagnostics company to continue selling its popular Harmony™ Prenatal Test, an affordable, highly accurate, non-invasive blood test to determine fetal chromosomal abnormalities. This decision was affirmed by the Federal Circuit in a precedential opinion.
  • PDL BioPharma, Inc. v. Genentech, Inc. (arbitration). Represented PDL BioPharma, which pioneered technology relating to humanization of recombinant antibodies, in a complex breach of contract matter. The matter settled on terms favorable to PDL.
  • Regeneron Pharmaceuticals, Inc. v. Genentech, Inc. Represented Regeneron Pharmaceuticals in connection with a patent case in the U.S. District Court for the Southern District of New York relating to Regeneron’s Eylea and Zaltrap anti-angiogenesis drugs.

Honors & Awards

  • Named to the Southern California Rising Stars list (2018)

Publications

  • "Preventing Inequity: Extending Issue Preclusion to Claim Construction During Reexamination of Previously Litigated Patents," Loyola Law Review (2011)

Education

Loyola Law School (J.D., 2011), summa cum laude; salutatorian; Sayre Macneil Scholar; Order of the Coif; St. Thomas More Law Honor Society

University of California, Santa Barbara (B.S., Biochemistry and Molecular Biology, 2007), with high honors

Admissions

  • California, 2011
  • U.S. District Court for the Central and Northern Districts of California
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent and Trademark Office
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