AstraZeneca wins $107 million ruling against Pfizer in US patent dispute over cancer drug overturned, ET LegalWorld

AstraZeneca convinced a federal judge in Delaware on Wednesday to overturn a jury's decision that the company owed $107.5 million for violating patents on cancer drugs owned by Pfizer subsidiary Wyeth.

US District Judge Matthew Kennelly ruled that the two patents that Pfizer accused AstraZeneca of infringing on its successful lung cancer drug Tagrisso were invalid.

Spokespeople for Pfizer and AstraZeneca did not immediately respond to requests for comment on the decision.

New York-based Pfizer, which acquired Wyeth in 2009, sued AstraZeneca in 2021, saying AstraZeneca's Tagrisso infringed patents related to the breast cancer drug Nerlynx, which Puma Biotechnology manufactures under a license to Pfizer's patents.

According to a company report, Tagrisso generated sales of nearly $5.8 billion last year for UK-based AstraZeneca.

A jury ruled in favor of Pfizer in May, awarding the company $107.5 million in damages. Kennelly ruled in favor of AstraZeneca on Wednesday, finding that the verdict could not stand because the patents lacked a valid written description of their inventions and an ordinary scientist in the field could not replicate them.

The case is Wyeth LLC v. AstraZeneca Pharmaceuticals LP, U.S. District Court for the District of Delaware, No. 1:21-cv-01338.

For Pfizer: Anthony Insogna, Gasper LaRosa, Jason Winchester, Bethany Biesenthal, John Michalik, Alexis Smith and Jennifer Swize of Jones Day; Sara Horton and Ren-How Harn of Willkie Farr & Gallagher

For AstraZeneca: Christopher Sipes, Einar Stole and Megan Keane of Covington & Burling

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