Clear Win for Seagen with $42 million in the Patent Infringement Case


Palak Arora 11/04/22 #Patents #Copyright #Trademark #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #entrepreneur #USPTO #Seagen #Daiichi #AstraZeneca #breastcancerdrug #Enhertu #JudgeRodneyGilstrap #chemotherapydrugs

An ongoing legal battle finally ended between Seagen against Daiichi and AstraZeneca over the claims that Daiichi and AstraZeneca PLC’s breast-cancer drug named Enhertu violates Seagen's patent rights. U.S. District Judge Rodney Gilstrap was presiding over the trial. The jury decided to pass an award in favor of Biotech Company Seagen Inc. in which Japanese rival drug maker Daiichi Sankyo Co. was directed to pay Seagen nearly $42 million.

The jury concluded that Daiichi willfully infringed a patent that is owned by Washington State-based Seagen. This patent deals with technology for delivering chemotherapy drugs to cancer cells. Daiichi said in a statement, “We disagree with the verdict and are exploring our options, including potential post-trial motions and an appeal. The U.S. Patent and Trademark Office granted our request to review the patent's validity a few days back.”

While on the other side, Seagen said, “We are pleased with the verdict and will request additional royalties on future sales of Enhertu in the United States until the patent expires in 2024.” AstraZeneca, a United Kingdom-based drug maker, was responsible for co-developing Enhertu and further marketing it in the United States with Daiichi. They preferred not to make any comments and were hesitant to immediately respond to any questions. However, the jury did not find AstraZeneca liable in any manner to contribute anything for any of the $41.8 million awards.

However, AstraZeneca was represented by David Berl of Williams & Connolly and Daiichi by Preston Ratliff of Paul Hastings before the court. Enhertu is considered to be a potential multi-billion-dollar drug to treat metastatic breast cancer. In addition, AstraZeneca reported at year about the sales of Enhertu outside of Japan were worth nearly $426 million.

When Seagen came to know about this, it filed the lawsuit in the U.S. District Court for the Eastern District of Texas in the year 2020 through its attorney Michael Jacobs of Morrison & Foerster. Seagen claimed in its lawsuit that Enhertu works in exactly the same way as its patent related to antibody-drug conjugates, which use antibodies for targeting cancer cells with chemotherapy drugs.

The case can be reached with the name Seagen Inc. v. Daiichi Sankyo Co, U.S. District Court for the Eastern District of Texas bearing case no. 2:20-cv-00337.

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