BMS and AstraZeneca settle dispute for $510m
Joint stipulations approved by federal judge to dismiss three lawsuits alleging patent infringement on cancer immunotherapies | Companies settle early ‘to save time and attention’ say reports.
Bristol Myers Squibb (BMS) and AstraZeneca have resolved patent infringement disputes surrounding their cancer immunotherapies, reported FiercePharma.
Three separate lawsuits were dismissed through joint stipulations that were approved by a federal judge in Delaware.
In these lawsuits, BMS accused AstraZeneca of infringing on patents related to its PD-1 inhibitor, Opdivo, and its CTLA-4 agent, Yervoy.
In response to the resolution, an AstraZeneca spokesperson confirmed in a statement to FiercePharma, that the company has set aside $510 million to settle all patent disputes with BMS and its partner, Ono Pharmaceutical.
The legal provision covers disputes involving AstraZeneca's PD-L1 inhibitor, Imfinzi, and CTLA-4 antibody, Imjudo.
Although the potential windfall for BMS in the AstraZeneca case could have been more significant due to the sales of AstraZeneca's PD-1 cancer drug, Imfinzi, both companies chose to settle the disputes early to save time and attention, according to the news report.
Background
The legal conflict between BMS and AstraZeneca began in March 2022 when BMS filed eight patent infringement claims against AstraZeneca over Opdivo.
The lawsuit alleged that AstraZeneca’s product Imfinzi, unlawfully infringed on BMS patents pertaining to their immunotherapy treatments for cancer. These patents involve the utilisation of antibodies targeting PD-L1 and PD-1 receptors to bolster the immune response and address different forms of cancer.
BMS’ product, Opdivo, holds the distinction of being the first anti-PD-1 antibody to receive global approval for cancer treatment, according to the lawsuit.
Additionally, BMS took legal action against Astrazeneca, filing a patent infringement lawsuit in January 2023.
The lawsuit alleged that AstraZeneca’s product Imjudo infringed on the patents of BMS immunotherapy treatments for cancer, specifically concerning their checkpoint incubator, Yervoy.
Yervpy was the first checkpoint inhibitor approved worldwide and the lawsuit claimed Astrazeneca’s actions led to a significant loss of profits.
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