USA – An arbitrator has ruled in Daiichi Sankyo’s favor in a legal battle against US Seagen over ownership of technology utilized in cancer medications.
The Japan-based global pharmaceutical company, Daiichi Sankyo will continue to hold all patent rights with regard to its antibody-drug conjugate (ADC) technology, Enhertu (trastuzumab deruxtecan).
The judgment prevents the American biotechnology company, Seagen from trying to collect royalties on sales of the drugs.
Interim Seagen CEO Roger Dansey said that while they are disappointed with the arbitration judgment, it was vital for them to pursue legal action and the decision does not impair their ongoing business.
In 2008 Daiichi Sankyo and Seagen agreed to develop ADCs, a monoclonal antibody that targets particular cancer cells attached to a chemotherapeutic chemical as the payload.
Daiichi Sankyo created Enhertu in addition to other ADCs, sometime after the partnership came to an end.
We are extremely pleased that, based on the facts of this matter, the arbitrator recognized that Daiichi Sankyo retains ownership of all patents at issue in the arbitration
In 2008 Daiichi Sankyo and Seagen agreed to develop ADCs, a monoclonal antibody that targets particular cancer cells attached to a chemotherapeutic chemical as the payload.
Daiichi Sankyo created Enhertu in addition to other ADCs, sometime after the partnership came to an end.
In November 2019, in the District Court of Delaware, Daiichi Sankyo filed a declaratory Judgment case against Seagen.
This was in response to Seagen’s assertions on specific intellectual property rights owned by Daiichi Sankyo ADC.
The American Arbitration Association then received a claim for arbitration from Seagen, which resulted in the ruling of August 13.
According to Seagen, the linker utilized in Enhertu and other ADCs, are “improvements” to technology that Daiichi Sankyo licensed from the business that Seagen owns.
In deciding in favor of Daiichi Sankyo, the arbitrator cited “statute of limitations and dispute with Seagen on the interpretation of the contract.”
“We are extremely pleased that, based on the facts of this matter, the arbitrator recognized that Daiichi Sankyo retains ownership of all patents at issue in the arbitration,” said Sunao Manabe, President, and CEO of Daiichi Sankyo.
He added that he is delighted that the ruling identifies their platform ADC technology as developed by Daiichi Sankyo.
Daiichi Sankyo is devoted to providing its antibody-drug conjugates to patients who require new standards of care in the treatment of cancer and is proud of its history and strength in creative research and technology.
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