Bristol Myers sues AstraZeneca for patent infringement over cancer …
Written by admin on January 24, 2023
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- Lawsuit says AZ’s cancer drug Imjudo infringes patents for blockbuster Yervoy
- BMS also sued last year over related drug
(Reuters) – AstraZeneca’s cancer treatment Imjudo infringes Bristol Myers Squibb Co patents related to its blockbuster drug Yervoy, Bristol Myers said in a lawsuit made public Tuesday in Delaware federal court.
Bristol Myers alleges that AstraZeneca’s antibody-based drug fights cancer in the same way as Yervoy. It is the second U.S. patent lawsuit that Bristol Myers has filed against AstraZeneca over cancer immunotherapies in the past year.
A representative for AstraZeneca said the company was aware of the complaint and will respond to it “at the appropriate time.” Representatives for Bristol Myers did not immediately respond to a request for comment.
Yervoy, an immunotherapy first approved by the U.S. Food and Drug Administration in 2011 to treat melanoma, has also been approved by the FDA to treat kidney, lung, colorectal and other types of cancer. New York-based Bristol Myers sold over $2 billion worth of the drug in 2021, according to a company report.
The FDA approved AstraZeneca’s Imjudo last year to treat liver and lung cancer in combination with Imfinzi, another AstraZeneca cancer drug. Bristol Myers separately sued AstraZeneca for patent infringement last year over Imfinzi.
In its new lawsuit, Bristol Myers accused AstraZeneca of infringing two patents related to using antibodies to treat cancer and boost a patient’s immune response.
Bristol Myers also said AstraZeneca knew of the patents or was “willfully blind” to them, arguing it was on notice based on licensing discussions and the Imfinzi lawsuit.
The lawsuit seeks an unspecified amount of money damages.
The case is Bristol Myers Squibb Co v. AstraZeneca Pharmaceuticals LP, U.S. District Court for the District of Delaware, No. 1:23-cv-00079.
For BMS: Steven Maslowski, Matthew Pearson, Matthew Hartman and Rachel Elsby of Akin Gump Strauss Hauer & Feld
For AZ: attorney information not available
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Bristol Myers sues AstraZeneca over cancer-treatment patents
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