On August 19, 2019, Errant Gene Therapeutics met the face of victory when “the New York Supreme Court Justice Barry Ostrager sanctioned Bluebird Bio, Inc. (“Bluebird”) and rejected Bluebird’s efforts to prevent EGT from proceeding with its lawsuit in Massachusetts against Bluebird CEO Nick Leschly and Bluebird’s venture capital partner, Third Rock Ventures, LLC (“TRV”),” as reported by Business Wire.

In addition to this major win, Judge Ostrager made all court materials public, which can be found here. TrialSite News has also summarized the most telling exhibits below.

  • Exhibit 14 covers the details of the contract between bluebird bio. (BBB) and Sloan-Kettering Institute (SKI), which was entered into on Nov 21, 2011. This exhibit also entails miscellaneous information, such as Research Plans, Vector Designs, Summary of Personnel Costs, Licensed Patents and more.
  • Exhibit 15 showcases Nick Leschly’s “Shut Down Pat” email, sent June 18, 2010, in which he states: “Pat Girondi – need to shut him down…curious what he called about…my emails were clear want to get him to buy into a CDA to review Michel’s data. Be nice, suck up, etc… if you think (and I think) that Michel has valuable data”
  • Exhibits 16, 17, 18, 19, and 20 cover the agenda and details of a meeting between BBB and Sloan-Kettering Institute, which occurred Nov 2, 2010.
  • Exhibit 20, however, is when initial questions of BBB’s intent arise. This exhibit features an email correspondence between Mitchell Finer of BBB, Michel Sadelain of SKI, Phillip Reilly of BBB, Nick Leschly (CEO of BBB), Viviane Martin of SKI, and Andrew Maslow of SKI. See the details below.
    • On May 2, 2010, Mitchell sends an email to Michel on their intention to build the best gene therapy and how they are using Genetix as a platform for that effort. He mentions their “ability to build beyond the existing activities at Genetix to insure success.” Mitchell explains that he and Phillip “Phil” would like to discuss their progress and plans in that (and other activities at the company [Genetix]) as well as hear SKI’s plans.
    • On May 2, 2010, Michel Sadelain at SKI forwards the aforementioned email to Viviane Martin and Andrew Maslow at Research and Technology Mgmt, asking if they can attend a meeting with Third Tock/Genetix the next day.
    • Viviane responds that she can attend, and then responds a second time, saying, “Michel, I don’t quite see how 3rd Rock/Genetix can make the best out of MSK/Genetix technology w/o letting one sit on a shelf. Also they know we entered into a license with EGT, and they are coming to you, not to EGT when they perfectly knew that they should talk to EGT to get rights to the technology. I honestly do not see what they are seeking..besides them doing competitive intelligence….”
  • Exhibit 21 portrays a single email from Nick Leschly to BBB employees Jeffrey Walsh, Cyrus Mozayeni, and Mitch Finer. In this, he refers to Tony Envin– member of Board of Overseers at SKI and Chairman of technology Transfer Committee and heads the Rockefeller Venture Capital Fund – Venrock. Leschly stated under oath in response to interrogatories that Evnin was his mentor. This exhibit proves Leschly had relationships with not just Thompson but Tony Evnin.
  • Exhibits 22 and 23 include the June 6th, 2011 meeting agenda as well as BBB’s strategy for the meeting. Interestingly enough, BBB’s contract with EGT was terminated shortly thereafter on June 17, 2011.
  • Exhibit 24 specifies the results of this June 6th meeting, in which Mitch Finer of BBB describes their Vector. EGT’s scientist has since studied the vector they were using and it is a copy – a theft.

To learn more about the publicly-available court materials, we encourage you to visit here and search through the documents of Case 150856/2017, Errant Gene Therapeutics vs. Sloan Kettering.

Source: New York State Supreme Court and the County Clerk of New York

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