BMS sues AstraZeneca for infringing cancer treatment drug

US pharma giant says competitor’s drug Imjudo violates two patents | BMS’ blockbuster was first to use checkpoint inhibitors, says complaint.

Bristol Myers Squibb (BMS) is suing AstraZeneca for alleged patent infringement of its cancer treatment drug Yervoy (ipilimumab).

The complaint was filed on Monday, January 23, at the US District Court of Delaware. At the centre of the dispute is the allegation that AstraZeneca’s drug Imjudo (tremelimumab) breaches two patents held by BMS relating to cancer treatment.

BMS’ blockbuster drug comprises certain biopharmaceuticals “known as checkpoint inhibitors that improve the abilities of patients’ immune systems to target and kill cancer cells”, and Yervoy was the first checkpoint inhibitor to be approved anywhere in the world, said the complaint.

Initially approved to treat skin cancer, Yervoy has also been given the go-ahead to treat kidney, lung, colorectal and other forms of cancer.

Last year, the US Food and Drug Administration (FDA) approved AstraZeneca’s cancer treatment Imjudo. BMS alleges that it infringes two patents—US numbers 9,320,811 and 9,273135—related to its inventions in Yervoy, because it fights the disease in the same way.

Battles over patents

According to the complaint, AstraZeneca knew of the patents or was “wilfully blind” to their existence. BMS is seeking an unspecified amount of damages.

In March 2022, the company alleged that AstraZeneca’s cancer treatment Imfinzi (Durvalumab) infringes patents related to its own drug Opdivo (Nivolumab), as reported by Reuters.

The lawsuit, also in Delaware, said that the use of Imfinzi in lung and bladder cancer treatment breached several patents on Opdivo.

WIPR has contacted AstraZeneca and BMS for a comment.

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