Defendant

Shearwater Polymers, Inc.

1 case as defendant.

Cases
1
Active
0
1 closed
Filed
2000
Top venue
N.D. Alabama N
1 case

Company profile

Shearwater Polymers, Inc. — later renamed Shearwater Corporation — was a privately held specialty-chemicals company headquartered in Huntsville, Alabama (2307 Spring Branch Rd.). It was founded in 1992 by Dr. J. Milton Harris as a faculty start-up spun out of the University of Alabama in Huntsville. The company was never publicly traded; it was acquired by Inhale Therapeutic Systems, Inc. effective June 29, 2001, in a cash-and-stock merger valued at roughly $56 million in cash plus assumed options. Inhale subsequently renamed itself Nektar Therapeutics, and the subsidiary became Nektar Therapeutics AL, Inc. Nektar's Huntsville PEG business was later spun out as Gannet BioChem in 2024. No verifiable employee or revenue figures for Shearwater as a standalone company were located; Nektar reported in 2002 that product sales through its Shearwater subsidiary accounted for about 11% of revenues in 2001.

Products / operations. Shearwater was an operating company, not a patent assertion entity. It developed, manufactured, and licensed polyethylene glycol (PEG) chemistry — specifically activated/functionalized PEG reagents used for PEGylation, the attachment of PEG chains to proteins, peptides, and small molecules. Catalogue and service offerings included amine-, sulfhydryl-, and heterofunctional derivatives, bulk quantities, GMP manufacturing, custom synthesis, and preclinical PEG-protein attachment and characterization. Its licensed PEG technology underpinned commercial drugs including Amgen's Neulasta and Roche's Pegasys. The company also held a PEG patent estate (reactive PEG derivatives, branched and heterofunctional PEGs, hydrogels).

Litigation posture. Shearwater appears in the database only as a defendant in one matter — consistent with a technology-holding operating company being attacked, not an NPE asserting an acquired portfolio (0 plaintiff cases, 1 defendant case). The suit was filed in the U.S. District Court for the Northern District of Alabama, the company's home venue, not a plaintiff-friendly forum.

Notable case. Enzon, Inc. v. Shearwater Polymers, Inc. (N.D. Ala., tracked 2000-05-15; Nektar's 10-K states Enzon originally filed in December 1998 and amended the complaint in December 2000). Enzon alleged infringement of patents covering branched PEG polymers and their conjugates by Shearwater's PEG-2 reagents. In January 2002, alongside a broader strategic alliance, Inhale and Enzon settled: a cross-license, a $3 million payment from Inhale to Enzon, and a $40 million Enzon investment in Inhale convertible preferred stock.