NewsIrell Secures Dismissal With Prejudice For Curium After Trial In Trade Secrets Case
Irell has secured another major victory for Curium US LLC, Curium US Holdings LLC, Curium Netherlands BV, and Curium International Trading BV, and an enormous win for individual defendant Mr. Maarten de Jong, against Novartis subsidiaries Advanced Accelerator Applications USA Inc. and Advanced Accelerator Applications SA (ADACAP) in the U.S. District Court for the District of Delaware. Following a June 2026 trial on ADACAP’s claims of trade secret misappropriation relating to Curium US LLC’s development of a radioligand drug to treat cancer, Judge Maryellen Noreika dismissed with prejudice all of ADACAP’s claims against all defendants. There was no settlement in the case.
This dismissal with prejudice follows Irell’s complete victory for Curium in Hatch-Waxman litigation involving the same cancer drug and seven patents asserted by ADACAP. There, Judge Noreika granted Curium’s request for an early trial date and held a bench trial in December 2025. On June 17, 2026—more than eight months before expiration of the 30-month stay—the court ruled that Curium will not infringe any asserted claim of the patents in suit and that Curium had shown that all asserted claims of the patents are invalid under the on-sale bar.
Irell continues to represent Curium in a third patent infringement case, filed by ADACAP in September 2025 in the District of Delaware concerning another related patent.
The Irell team was led by Keith Orso, Alan Heinrich, Andrew Krause, Elizabeth Tuan, Abigail Sellers, Greg Albano, Sarah Van Voorhis, and Eli Levinson.
