Daiichi Sankyo's ( OTCPK:DSKYF ) ( OTCPK:DSNKY ) said that the U.S. Patent and Trademark Office (PTO) granted its request to re-institute post-grant review (PGR) of the patentability of certain claims of Seagen's ( NASDAQ: SGEN ) U.S. patent 10,808,039.
"We are very pleased that the PGR will be reinstituted given the PTO’s determination that our petition presented compelling evidence of unpatentability of the ’039 patent," said Naoto Tsukaguchi, corporate officer and general counsel, Daiichi.
On Dec. 23, 2020, Daiichi had filed a petition with the U.S. PTO for post-grant review contesting the patentability of certain claims of the '039 patent.
The company said that on April 7, 2022, the U.S. PTO started a post-grant review of the patent to decide if the claims of that patent should not have originally been granted.
But on July 15, 2022, the U.S. PTO granted Seagen's request for rehearing of the decision to institute post-grant review, deciding not to proceed with the PGR process.
However, on Feb. 7, a PTO Precedential Opinion Panel issued an order instructing the original PGR panel to decide if the PGR should be reinstituted by applying the applicable standard of whether Daiichi's petition presented compelling evidence of unpatentability, the company added.
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Daiichi Sankyo gets USPTO review of Seagen's patent