Puma Biotech's lawsuit against AstraZeneca progresses

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Puma Biotech's lawsuit against AstraZeneca progresses
Credit: © Reuters.

In a significant development, the legal battle between Puma Biotechnology Inc. ( NASDAQ : NASDAQ: PBYI ) and AstraZeneca (LON: AZN ) (NASDAQ: NASDAQ: AZN ) over alleged patent infringement has seen recent court decisions. The dispute centers around the accusation that AstraZeneca's cancer drug Tagrisso® infringes on two patents held by Puma Biotech.

The patents in question, United States Patent Nos. 10,603,314 and 10,596,162, relate to treatments for non-small cell lung cancer resistant to certain drugs. Puma Biotech claims that AstraZeneca's manufacture and sale of Tagrisso® infringe these patents. Puma is an exclusive licensee under the Pfizer Agreement, which includes the '314 and '162 patents.

On Monday, the court made several rulings affecting the case's trajectory. AstraZeneca's motions to prove the patents invalid and for summary judgment of non-infringement were denied. However, the court did rule in AstraZeneca's favor regarding pre-issuance damages. The court also dismissed motions to exclude specific expert testimonies from both parties.

Furthermore, AstraZeneca's attempt to dismiss Puma Biotech and co-plaintiff Wyeth from the lawsuit was partially successful. The court ruled that Puma Biotech lacked constitutional standing and was dismissed as a plaintiff, although it remains a counterclaim-defendant. Conversely, Wyeth's standing as a plaintiff was upheld.

Despite this setback for Puma Biotech, the company retains its contractual rights to recover monetary damages from the litigation, as per its license agreement with Pfizer Inc. (NYSE: PFE ), Wyeth's parent company. These rights are not affected by the court's decision on the standing motion.

The case is set to continue, with a jury trial scheduled for May 13, 2024. This ongoing litigation is closely watched by industry observers, as it involves a high-profile cancer treatment and could have significant financial implications for the companies involved.

This report is based on an 8K filing with the SEC and reflects the latest available information on the legal proceedings between Puma Biotechnology and AstraZeneca.

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