Today, Daiichi Sankyo Co., Ltd. (TSE: 4568) is pleased to announce that it has been granted its request to re-institute post-grant review (PGR) of the patentability of certain claims of Seagen’s U.S. patent 10,808,039 (the ’039 patent), by the U.S. Patent and Trademark Office (PTO). This is a monumental move towards ensuring that the ‘039 patent remains valid and enforceable.
The PTO’s determination that our petition provided compelling evidence of the unpatentability of the ‘039 patent has enabled us to celebrate the reinstatement of the PGR. We are delighted with this turn of events, and Naoto Tsukaguchi, Corporate Officer and General Counsel of Daiichi Sankyo Co., Ltd., could not be more pleased.
On December 23, 2020, Daiichi Sankyo took the bold step of filing a petition to the U.S. PTO to challenge the patentability of certain claims of the ‘039 patent. After rigorous review, the PTO initiated a post-grant review of the ‘039 patent on April 7, 2022, to decide if the claims should have been granted in the first place. However, Seagen’s request for rehearing was granted on July 15, 2022, resulting in the PGR process being halted. On February 7, 2023, the PTO Precedential Opinion Panel issued an order for the original PGR panel to decide if the PGR should be reinstated, based on whether Daiichi Sankyo’s petition presented compelling evidence of unpatentability.
About Daiichi Sankyo
Daiichi Sankyo is on a mission to enrich the lives of people around the world by developing new modalities and innovative medicines. With more than a century of scientific expertise and a presence in over 20 countries, we strive to create novel therapies for people with cancer and other diseases with high unmet medical needs. We are determined to achieve our 2030 Vision to become an Innovative Global Healthcare Company Contributing to the Sustainable Development of Society. Join us as we make progress towards improving the quality of life for people everywhere.