McKool Smith received an extremely favorable (and highly confidential) decision in a matter involving entitlement to approximately $130 million arising out of a settlement paid by Pfizer to BYU. Our client, Dr. Simmons, discovered the COX-2 enzyme, which formed the basis for the development with Pfizer of the painkiller Celebrex, one of the best-selling drugs in history.
The dispute was between Dr. Simmons and his former graduate student, Dr. Weilin Xie. Dr. Xie, who was represented by Quinn Emanuel, claimed a 50% entitlement to the funds based on his contributions in the laboratory. The case was presented to a faculty committee at BYU to determine entitlement to the $130 million.
This week, the Committee ruled that Dr. Simmons was entitled to 97%, and his graduate student 3%, of the proceeds.
