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ARTICLE · 09 FEBRUARY 2024

PTAB Issues Final Written Decision Finding Seagen's Adcetris® Patent Claims Unpatentable

On January 16, 2024, the PTAB issued a Final Written Decision in a post-grant review ("PGR") of claims in U.S. Patent No. 10,808,039 (the "'039 patent") owned by Seagen Inc. ("Seagen").

United StatesIntellectual Property

On January 16, 2024, the PTAB issued a Final Written Decision in a post-grant review ("PGR") of claims in U.S. Patent No. 10,808,039 (the "'039 patent") owned by Seagen Inc. ("Seagen"). PGR2021-00030 was filed by Daiichi Sankyo, Inc. ("Daiichi") and AstraZeneca Pharmaceuticals LP (collectively, "Petitioners"), requesting review of claims 1-5, 9, and 10 directed to antibody-drug conjugates. This dispute is between two biologic competitors, Daiichi (drug: Enhertu® (fam-trastuzumab deruxtecan-nxki) and Seagen (drug: Adcetris® (brentuximab vedotin)). The PTAB found the challenged claims unpatentable.

A brief overview of the history of related litigations and PGRs involving the '039 patent is summarized below.

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