Federal Circuit Court of Appeals Vacates Infringement Judgment and Damages Award in Dispute between Daiichi Sankyo and Seagen

On December 2, the U.S. Court of Appeals for the Federal Circuit (the Federal Circuit) reversed a decision from the U.S. District Court for the Eastern District of Texas that found Seagen Inc’s U.S. Patent No. 10,808,039 (the ’039 patent) not invalid (the Texas decision). In view of the reversal, the Federal Circuit vacated the Texas court’s related infringement judgment and damages award against Daiichi Sankyo.

In a separate decision, the Federal Circuit also dismissed as moot Seagen Inc’s appeal from the U.S. Patent and Trademark Office’s January 2024 Final Written Decision that invalidated all challenged claims of the ’039 patent, which Daiichi Sankyo had challenged in a post-grant review proceeding (PGR). This appeal was rendered moot by the Federal Circuit’s holding that the same claims were invalid in the appeal from the Texas decision.

“We are pleased that the infringement judgment and damages award have been nullified,” said Naoto Tsukaguchi, Executive Officer and General Counsel, Daiichi Sankyo.

About Daiichi Sankyo

Daiichi Sankyo is an innovative global healthcare company contributing to the sustainable development of society that discovers, develops and delivers new standards of care to enrich the quality of life around the world. With more than 120 years of experience, Daiichi Sankyo leverages its world-class science and technology to create new modalities and innovative medicines for people with cancer, cardiovascular and other diseases with high unmet medical need. For more information, please visit www.daiichisankyo.com.

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