On April 8, 2022 Seagen Inc. (Nasdaq: SGEN) reported that a jury in the U.S. District Court for the Eastern District of Texas found that Daiichi Sankyo Co. Ltd. ("Daiichi Sankyo") infringed Seagen’s U.S. Patent No. 10,808,039 by selling in the United States its Enhertu product (trastuzumab deruxtecan; DS-8201) (Press release, Seagen, APR 8, 2022, https://investor.seagen.com/press-releases/news-details/2022/Seagen-Announces-Jury-Award-in-Patent-Infringement-Case-Against-Daiichi-Sankyo/default.aspx [SID1234611703]). Seagen was awarded damages of $41.82 million for past infringement of the patent. In addition, Seagen will request additional royalty payments for future sales of Enhertu in the United States through the life of the patent.
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"We are pleased that the jury recognized the validity of asserted claims of our patent and found that Daiichi Sankyo willfully infringed our proprietary technology without permission," said Clay Siegall, Ph.D., President and Chief Executive Officer, Seagen. "As a pioneer and leader in antibody-drug conjugate (ADC) technology, protecting our intellectual property is essential to our ability to continue developing innovative therapies for cancer patients in need."
In addition to the damages the jury awarded for past infringement, Seagen will request the court to award a royalty on Daiichi Sankyo’s future sales in the United States of Enhertu until patent expiry in November 2024. The court will determine the amount of these payments in a decision Seagen anticipates later this year.
In a related matter, on April 7, 2022, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office granted a request on rehearing and instituted two post grant review (PGR) proceedings brought against certain claims of U.S. Patent No. 10,808,039. Seagen intends to vigorously defend the patent in the PGRs.
Separately, Seagen is engaged in an arbitration it brought against Daiichi Sankyo over ownership of certain technology used by Daiichi Sankyo in trastuzumab deruxtecan and several other drug candidates. In the arbitration, which remains ongoing, Seagen contends that the linker and other ADC technology used in these compounds are improvements to Seagen’s pioneering ADC technology, the ownership of which is automatically assigned to Seagen under the 2008 collaboration agreement between Daiichi Sankyo and Seagen. A decision in the arbitration case is expected by mid-2022.