WARF Lawyers Shut Down Royalty Claims Over Drug Patent

On January 25, 2016, a Delaware federal judge ruled in favor of Finnegan client, Wisconsin Alumni Research Foundation (WARF), concluding that Washington University in St. Louis (WashU) waited too long to stake its claim to a larger share of royalties from sales of a drug to treat kidney disease, Zemplar. WARF and WashU collectively developed one of the patents for the drug and the two parties entered into agreement to collect royalties. WashU raised questions about the agreement in 2001, but waited until 2013 to sue. According to the judge, WARF was transparent about the terms of the agreement and WashU was outside of the applicable statute of limitations to sue. The judge stated, "Therefore, the court must agree with WARF that its actions, inactions, or representations did not prevent [Washington] from timely filing suit." The case was ultimately dismissed.