Seagen’s $42 Million Patent Verdict at Risk With Agency Review

Daiichi Sankyo Co. Ltd.‘s best hope for escaping a $42 million patent infringement verdict won by Seagen Inc. may lie in its separate administrative challenge to Seagen’s patent.

A federal jury in the U.S. District Court for the Eastern District of Texas found April 8 that Daiichi’s breast-cancer treatment Enhertu infringes Seagen’s patent. The Patent Trial and Appeal Board said in a preliminary ruling April 7 that relevant parts of the patent are likely invalid.

The outcome of the fight could hinge on whether the PTAB issues its final decision on Seagen’s patent before any Daiichi appeal is finished. ...