After high-profile setbacks, gene therapy companies are reviving. Convoluted patent claims will spawn plenty of work for IP lawyers.
Tyler Dylan has been working to make gene therapy a reality for a long time, eight years and eleven months to be exact. In 1998 he left his partnership in the IP practice at Morrison & Foerster to join three-yearold biotech start-up Collateral Therapeutics, Inc. He helped the company license promising gene therapy research from the University of California, San Diego, that could improve the function of an ailing heart by inducing the growth of new blood vessels. The research was right out of science fiction, and Dylan, who has a Ph.D. in biology from UCSD and was a researcher at its Center on Molecular Genetics before becoming a lawyer, couldn’t help but be impressed. “Instead of just simply treating the symptom or providing short-term relief,” he recalls, “it had the opportunity to really change the physiology of the heart.”
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