MorphoSys faces defeat in its long-running legal battle with Genmab and Janssen, as the US District Court of Delaware has declared three of its cancer immunotherapy patents invalid.
MorphoSys began the dispute over Darzalex (daratumumab), Genmab and Janssen’s approved antibody therapy for the blood cancer multiple myeloma. MorphoSys alleged that Darzalex infringed on three of its patents regarding antibodies targeting the same antigen as Darzalex. Now that the court has declared MorphoSys’s patents invalid, this is a legal victory for Genmab and Janssen, who can continue selling their blockbuster therapy in the US.
However, the war may not be over just yet — MorphoSys is now considering appealing this decision in a higher court.
MorphoSys yesterday announced that it filed a lawsuit against Janssen Biotech and Genmab for patent infringement.
The patent in question (owned by MorphoSys) describes and claims antibodies with particular features that bind to CD38, which is now being investigated in a lawsuit by the US District Court of Delaware.
By its complaint, MorphoSys seeks claims for infringement on the manufacture, use and sale of Janssen (a subsidiary of J&J) and Genmab’s daratumumab, an antibody targeting the CD38 surface antigen.
The CD38 antigen is implicated in a range of cancers, including multiple myeloma – a blood cancer which is seldom curable. This has therefore led to a particularly high demand for alternative treatments such as those that target CD38.
Janssen and Genmab recently obtained FDA approval on daratumumab (after 2013 fast track designation and FDA ‘Breakthrough Therapy Design’) and are marketing the product as Darzalex in the US.