Litigation: KEI files opposition to motion to dismiss in KEI v. NIH et al.

On June 25, 2018, plaintiff KEI filed a memorandum in opposition to a motion to dismiss filed by defendants NIH et al. The opposition cites the declaration of KEI Director James Love.

The original KEI complaint is here:

The NIH motion to dismiss (copy here) challenges the standing of KEI to sue the NIH over its unwillingness to consider an administrative appeal of a decision to license patents on CAR T technology to Gilead/Kite, and KEI’s contention that the NIH failed to obtain the advice of the Department of Justice Antitrust Division for the license, as is required by 40 USC 559.

The affidavit by James Love describe KEIs organization and activities relevant to standing, and the legal memorandum by Andrew Goldman and Daniel P. Doty discusses the legal issues on standing.

The documents filed today are here:

Plaintiff’s Memorandum in Opposition to Defendants’ Motion to Dismiss

Declaration of James Packard Love

The case number is 8:18-cv-01130-PJM.

The NIH’s July 3, 2018 reply to our opposition is here: KEIvNIH-NIHreplybrief-Doc10