After nabbing a $41.8 million victory this spring, Seagen logged a hit in its long-running patent feud over AstraZeneca and Daiichi Sankyo’s breast cancer blockbuster Enhertu.
An arbitrator gave the win to Japan’s Daiichi in the clash over an antibody-drug conjugate technology-sharing pact that stretches back to 2008, Seagen said Friday.
“While we are disappointed with the arbitration decision, it was important for us to pursue this legal action,” Roger Dansey, M.D., Seagen’s interim chief executive and chief medical officer, said in a statement.
“This does not impact our existing business,” the acting helmsman added.
The loss comes after a Texas federal jury found the Japanese company’s Enhertu infringed a Seagen-held patent back in April. Seagen scored $41.8 million in royalty revenue from Daiichi, though no punitive damages were awarded.
Further, Seagen had requested royalties from sales of Enhertu in the U.S. until the drug’s patent expiration in 2024.
Friday's ruling also comes amid speculation that Seagen could sell itself to Merck for $40 billion. As earnings season crept up this summer, industry watchers hoped for news about the reported union, but Merck stayed mum.