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12 April 2016Americas

Janssen targeted in myeloma patent row

Biotechnology company MorphoSys has sued both Janssen Biotech and Genmab in a patent infringement lawsuit centring on a drug used to treat myeloma, a form of cancer.

In a lawsuit filed at the US District Court for the District of Delaware, MorphoSys alleged that Janssen and Genmab have infringed a patent it owns covering CD38, a surface protein that is expressed by multiple myeloma cells.

In the complaint, MorphoSys said its patent, US number 8,263,746, has been infringed by Janssen and Genmab’s sale of Darzalex (daratumumab), a drug used to treat myeloma, which arises from plasma cells.

The ‘746 patent, called “Anti-CD38 human antibodies and uses thereof”, describes and claims antibodies with particular features that relate to CD38.

It was granted by the US Patent and Trademark Office in 2012.

MorphoSys claimed that the US Food and Drug Administration approved Genmab’s Darzalex drug in November 2015 for the treatment of certain types of patients with multiple myeloma.

According to the complaint, in August 2012, before the drug was approved Genmab agreed with Janssen that it would grant Janssen a licence to develop, manufacture, and commercialise Darzalex.

“Upon information and belief, Genmab knew of the ‘746 patent as part of its efforts to develop anti-CD38 antibodies and seek partners for Darzalex,” the complaint said.

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