Court says Daiichi Sankyo infringed on Seagen patent, but won't increase damages

July 20, 2022

The U.S. District Court for the Eastern District of Texas has entered judgement on a previous jury verdict finding, ruling that Daiichi Sankyo's breast cancer drug, Enhertu, infringes on a Seagen patent.

Back in April, a Texas jury found that Daiichi Sankyo infringed Seagen’s U.S. Patent No. 10,808,039 by selling Enhertu in the U.S. Seagen was awarded damages of $41.82 million for past infringement of the patent.

The spot of good news for Daiichi Sankyo after the recent ruling:  Despite the jury’s finding of willfulness, the court decided that an increase of damages was not warranted, and therefore did not enhance $41.82 million award.

In addition to the damages the jury awarded for past infringement, Seagen also requested the court to award a royalty on Daiichi Sankyo’s future U.S. sales of Enhertu, until patent expiry in November 2024. The court has not yet addressed this yet — Seagen anticipates a decision later this year.