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Inside The PTAB's Seagen Cancer Drug Patent Decision

The latest chapter in the complex and multifaceted Daiichi Sankyo Inc. v. Seagen Inc. patent dispute — concerning antibody-drug conjugate technology, or ADC, and pitting Seagen against Daiichi and its collaborator, AstraZeneca — concluded recently. On Jan. 16, the Patent Trial and Appeal Board issued a final written decision in a post grant review proceeding, finding all challenged claims of Seagen's U.S. Patent No. 10,808,039 invalid. 

The claims relate to an ADC genus incorporating a linker containing a tetrapeptide of nonmethylated amino acids in which each of the four amino acids is glycine, or Gly, or phenylalanine, or Phe, as well as certain additional elements, any drug moiety and any antibody where the drug moiety is cleaved from the antibody intracellularly in a patient.

In this Law360 article written by Patent Litigation partner Ryan Hagglund, he discusses the conclusion of the Daiichi Sankyo Inc. v. Seagen Inc. patent dispute, highlighting the Patent Trial and Appeal Board's recent decision declaring Seagen's U.S. Patent No. 10,808,039.