Merck to Pay $625M Plus Royalties in BMS Lawsuit

Jan. 24, 2017

Bristol-Myers Squibb and partner Ono Pharmaceutical Company, Ltd. announced that they have signed a global patent license agreement with Merck & Co. to settle all patent-infringement litigation related to Merck’s anti-PD-1 therapy Keytruda.

Bristol-Myers Squibb and Ono had alleged that Merck’s sale of Keytruda had infringed the companies’ patents relating to the use of PD-1 antibodies to treat cancer in the United States, Europe, Australia and Japan.

According to an article in Yahoo! Finance, Merck will make an initial payment of $625 million to Bristol-Myers Squibb and Ono. In addition, Merck will pay ongoing royalties of 6.5 percent on global sales of Keytruda from Jan 1, 2017, through Dec. 31, 2023, and 2.5 percent from Jan 1, 2024, through Dec 31, 2026.

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