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US PTO re-institutes post grant review of Seagen patent in dispute between Daiichi Sankyo and Seagen

Saturday, February 18, 2023, 14:00 Hrs  [IST]

Daiichi Sankyo Co., Ltd. announced that the US Patent and Trademark Office (US PTO) granted its request to re-institute post-grant review (PGR) of the patentability of certain claims of Seagen’s US patent 10,808,039 (the ’039 patent).

“We are very pleased that the PGR will be reinstituted given the PTO’s determination that our petition presented compelling evidence of unpatentability of the ’039 patent,” said Naoto Tsukaguchi, Corporate Officer and General Counsel, Daiichi Sankyo, Co., Ltd.

On December 23, 2020, Daiichi Sankyo filed a petition with the US PTO for post-grant review contesting the patentability of certain claims of the ’039 patent. On April 7, 2022, the US PTO initiated post-grant review of the ’039 patent to determine whether the claims of that patent should not have originally been granted. On July 15, 2022, the US PTO granted Seagen’s request for rehearing of the decision to institute post-grant review, deciding not to proceed with the PGR process. On February 7, 2023, a PTO Precedential Opinion Panel issued an order instructing the original PGR panel to decide whether the PGR should be reinstituted by applying the applicable standard of whether Daiichi Sankyo’s petition presented compelling evidence of unpatentability.

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


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