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Daiichi Sankyo provides update on patent dispute with Seagen

Monday, April 11, 2022, 11:00 Hrs  [IST]

Daiichi Sankyo Co., Ltd. announced that a jury in the US District Court of Eastern District of Texas decided that Enhertu infringes Seagen’s US patent 10,808,039 (the ’039 patent). However, on April 7, 2022, the US Patent Office initiated postgrant review of the ’039 patent to determine whether the claims of that patent should not have originally been granted.

Discovered by Daiichi Sankyo, Enhertu is being co-developed and co-commercialized by Daiichi Sankyo and AstraZeneca.

“Daiichi Sankyo disagrees with the jury verdict, is committed to defending its rights, and will explore options with respect to the jury verdict, including post-trial motions and an appeal,” said Naoto Tsukaguchi, corporate officer and general counsel, Daiichi Sankyo Co., Ltd. “We are pleased that the US Patent Office has agreed to review their initial granting of the ’039 patent.”

The jury awarded Seagen $41,820,000 in damages for the period leading up to trial and found that there was willful infringement of the ’039 patent. Seagen has also requested the Court to issue an order requiring the payment of royalties on future sales of Enhertu until the expiration of the ’039 patent in 2024. The court has not yet ruled on Seagen’s request for royalties on future sales and whether to enhance damages in view of the jury finding of willful infringement.

On October 19, 2020, Seagen filed a complaint against Daiichi Sankyo Co., Ltd. in the US District Court for the Eastern District of Texas alleging infringement of the ’039 patent covering certain antibody drug conjugates. On December 23, 2020, Daiichi Sankyo filed a petition with the US Patent Office for post-grant review contesting the patentability of certain claims within the ’039 patent.

Daiichi Sankyo is dedicated to creating new modalities and innovative medicines by leveraging our worldclass science and technology for our purpose “to contribute to the enrichment of quality of life around the world.


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