Daiichi wins appeal of $42 million US verdict in Enhertu patent case

Barsik Law Offices
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A U.S. appeals court has overturned the nearly US$42 million jury award previously granted to Seagen in its lawsuit claiming that Enhertu, a cancer‑fighting drug developed by Daiichi Sankyo and AstraZeneca, infringed Seagen’s patent. The court concluded that Seagen’s patent was invalid because it failed to adequately describe the antibody‑drug conjugate technology at its core.

The original 2022 verdict, handed down by a Texas jury, had found that Daiichi Sankyo willfully violated the rights of Seagen under the relevant patent. The reversal now clears Daiichi (and by extension, AstraZeneca) of past infringement liability in the U.S., a significant win given that Enhertu generated roughly US$3.75 billion in sales last year.

For Seagen (now owned by Pfizer), the decision represents a major setback for its efforts to enforce intellectual‑property claims tied to antibody‑drug conjugate technology. Pfizer has expressed disappointment with the ruling and said it is considering further legal options.

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