Kirke M. Hasson
Partner
kirke.hasson@pillsburylaw.com
Mr. Hasson is leader of the firm's National Trial Team and co-leader of the firm’s national Litigation Practice section. His practice includes a range of litigation, including disputes in the technology and life sciences fields, regarding intellectual property rights, patent and other licensing and collaborative agreement disputes, fiduciary liabilities, mergers and acquisitions disputes, corporate and committee investigations, shareholder and securities claims, and appeals. In these areas, Mr. Hasson has prosecuted and defended numerous state and Federal trial court and arbitration cases and appeals as lead counsel. Examples of Mr. Hasson's recent cases include:
Collaboration, License and Related Contract Disputes
- XOMA Ltd. v. Biosite Incorporated (U.S. District Court cases, N.D. Cal.) - Actions regarding purported termination of license to patents regarding modular assembly of antibodies
- Immunex Corporation and Amgen Inc. v. Trustees of Columbia University and related action (U.S. District Courts, C.D. Cal. and D. Mass. (MDL case) ) - Action regarding rights under license to Axel patents regarding cotransformation of mammalian cells to produce proteins of interest
- Elan Pharmaceuticals v. Eli Lilly (U.S. District Court, N.D. Cal.) - Action to establish rights of ownership to promising vaccine for Alzheimer’s disease
- Immune Response Corporation v. Rhone-Poulenc Rorer (AAA arbitration, Chicago) - Arbitration to establish rights of ownership and control of Jonas Salk’s AIDS vaccine
- Regents of the University of California v. Agouron Pharmaceuticals, Inc. (later, Pfizer Inc) (California Superior Court) - Action to resolve dispute regarding royalty base under license agreement regarding material used to make protease inhibitor
- Artes Medical USA, Inc. v. BioForm Medical, Inc. (U.S. District Court, S.D. Cal.; California Superior Court; Regional Court, Patent Panel, Frankfurt, Germany) - Actions to determine rights under option and license agreement for patent regarding medical device implant materials
- Rehabilitation Technologies, Inc. v. Smith Laboratories (California Superior Court and Court of Appeal) - Action challenging failure to close on sale of medical device company
- Confidential ICC Arbitration between major pharmaceutical companies - Action to determine ownership, trade secrets and enforcement rights regarding biotechnology materials and related patents
- Confidential AAA Arbitration for major medical device manufacturer - Action to determine royalty base for license relating to cardiac medical device technology
Patent and Trade Secret Actions
- XOMA Ltd. v. Biosite Incorporated (US District Court, N.D. Cal.) - Action regarding alleged infringement of patents regarding modular assembly of antibodies
- Immunex Corporation and Amgen Inc. v. Trustees of Columbia University and related action (U.S. District Courts, C.D. Cal. and D. Mass. (MDL case) ) - Action to declare invalid, unenforceable or non-infringed Axel patents regarding cotransformation of mammalian cells to produce proteins of interest
- Hoffman-La Roche, Inc. v. Promega Corporation (U.S. District Court, N.D. Cal.) - Action alleging infringement and counterclaims to declare invalidity or unenforceability of patents relating to polymerase chain reaction
- Artes Medical USA, Inc. v. BioForm Medical, Inc. (U.S. District Court, S.D. Cal.; California Superior Court; Regional Court, Patent Panel, Frankfurt, Germany) - Actions alleging infringement of U.S. and E.U. patents regarding medical implant materials
- General Surgical Innovations v. Origin Medsystems, Inc. (subsidiary of Guidant) (U.S. District Court, N.D. Cal.) - Action where, following determination of infringement, we were asked to obtain and did obtain substantial deferment of injunctive relief based on public interest
Securities Actions
- Campagnuolo v. IDEC Pharmaceuticals (U.S. District Court, S.D. Cal.) - Action challenging merger of IDEC Pharmaceuticals and Biogen
- Klein v. Salvi (S.D.N.Y.) - 16(b) case challenging merger values delivered to officers and shareholders of major generic pharmaceutical company who were also officers and shareholders of acquired biotech company
- Equity-Linked Investors v. Adams (Delaware Chancery Court) - Action challenging actions of directors of Genta regarding stock offering said to undervalue corporate assets regarding biotechnology company active in antisense field
Actions Regarding Pricing, Consumer Rights, Etc.
- County of Santa Clara v. Astra et al. (U.S.District Court, N.D.Cal.) – Purported Class action challenging alleged industry practices regarding pricing to “Section 340B” qualified entities
- In re Pharmaceutical Industry Average Wholesale Pricing Litigation (Sicor) (U.S. District Courts (several) and MDL in D. Mass.) - Class actions challenging alleged industry practices regarding average wholesale price reporting
- State of California ex rel. Richardson v. IREF et al. (Sicor) (California Superior Court) - Qui tam action challenging underpayments allegedly made to the University of California by a foundation and pharmaceutical developers
- Chiron v. SourceCF (U.S. District Court, N.D. Cal.) - Action alleging marketing of unsafe medical device for use in combination with drugs for treatment of CF
Education
J.D., Harvard Law School, 1974 cum laude
B.A., Yale University, 1971 magna cum laude
Admissions
State of California
United States Supreme Court; all state and Federal courts in California; Second, Fifth and Ninth Circuit Courts of Appeals
Honors and Recognition
Chambers USA: Ranked in IP/Patent Litigation
Northern California SuperLawyers: Named one of the top Northern California attorneys
Practical Law Company’s Which Lawyer?: Listed as a recommended attorney in life sciences in the United States
Speaking Engagements
How to Prepare and Conduct Markman Hearings, Practicing Law Institute, San Francisco, CA, July 26, 2006
Calculating & Proving Patent Damages, Law Seminars International, San Francisco, CA, February 27, 2006
Board Memberships
Legal Aid Society of San Francisco
American Conservatory Theater
External Publications
Here Come the Regulators, Directorship, Co-Authored by Ernest T. Patrikis, June/July 2008
When the Press Comes to Call, Law.com, 23-Jan-2008
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