Seagen’s $42 Million Chemotherapy Patent Win Nixed on Appeal (2)

The Federal Circuit wiped out biotech company Seagen Inc.'s $41.8 million verdict against AstraZeneca Pharmaceuticals LP and Daiichi Sankyo Co., saying Seagen’s chemotherapy-delivery patent at the center of the case should’ve been invalidated by a federal district court in Texas.

A 2004 Seagen patent application’s disclosure of a certain type of molecules was too broad to allow the 2019 continuation patent asserted at trial to reap the benefits of the earlier filing date, according to the precedential opinion issued Tuesday.

The specification section in the earlier application described “over 47 million species” of tetrapeptides,” while US Patent No. 10,808,039 covered ...