BOTHELL, Wash.–(BUSINESS WIRE)–Seagen Inc. (Nasdaq: SGEN) today announced that a jury in the U.S. District Court for the Eastern District of Texas has found that Daiichi Sankyo Co. Ltd. (“Daiichi Sankyo”) infringed Seagen’s U.S. Patent No. 10,808,039 by selling its Enhertu® product (trastuzumab deruxtecan; DS-8201). Seagen was awarded damages of $41.82 million for past patent infringement. Additionally, Seagen will seek additional royalties for future sales of Enhertu in the United States during the life of the patent.
“We are pleased that the jury upheld the validity of the asserted claims of our patent and found that Daiichi Sankyo willfully infringed on our proprietary technology without permission,” said Clay Siegall, Ph.D., President and CEO of Seagen. “As a pioneer and leader in antibody-drug conjugate (ADC) technology, the protection of our intellectual property is critical to our ability to continue to develop innovative therapies for cancer patients who need them.”
In addition to damages awarded by the jury for past infringement, Seagen will ask the court to award a royalty on future sales of Daiichi Sankyo in the United States of Enhertu until the patent expires in November 2024. The The court will determine the amount of those payments in a decision Seagen expects later this year.
In a related case, on April 7, 2022, the Patent Trial and Appeal Board of the United States Patent and Trademark Office granted a request for a rehearing and initiated two post-grant review proceedings ( PGR) against certain claims of U.S. Patent No. 10,808,039. Seagen intends to vigorously defend the patent in PGR.
Additionally, Seagen is engaged in an arbitration it has initiated against Daiichi Sankyo regarding ownership of certain technologies used by Daiichi Sankyo in trastuzumab deruxtecan and several other drug candidates. In the arbitration, which remains pending, Seagen contends that the linker and other ADC technologies used in these compounds are enhancements to Seagen’s pioneering ADC technology, ownership of which automatically vests in Seagen under the 2008 collaboration between Daiichi Sankyo and Seagen. A decision in the arbitration case is expected by mid-2022.
Seagen Inc. is a global biotechnology company that discovers, develops and markets transformative cancer medicines to make a meaningful difference in people’s lives. Seagen is headquartered in the Seattle, Washington area, and has offices in California, Canada, Switzerland, and the European Union. For more information about the company’s marketed products and strong pipeline, visit www.seagen.com and follow @SeagenGlobal on Twitter.
Some of the statements made in this press release are forward-looking, such as those, among other things, relating to future developments of the referenced legal matters, including with respect to potential royalties on future sales of Enhertu and the referenced arbitration, and Seagen’s position regarding ownership of the specified technology in the referenced arbitration. Actual results or developments may differ materially from those projected or implied by such forward-looking statements. Factors that may cause such a difference include, but are not limited to, the inherent uncertainties associated with legal actions. Further information about the risks and uncertainties facing the Company can be found under the heading “Risk Factors” included in Seagen’s Annual Report on Form 10-K for the fiscal year ended December 31, 2021, filed with the Securities and Exchange Commission. Seagen disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by applicable law.