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Executive Summary Consistent with standing precedents, the U.S. Court of Appeals for the Federal Circuit (the court) invalidated Seagen’s US10,808,039 patent (the ’039 patent) claims directed to antibody-drug conjugates (ADCs) comprising a subgenus of tetrapeptide linkers.1The’039 patent claims generically cover Enhertu, an ADC, manufactured by Daiichi Sankyo (Daiichi), containing a tetrapeptide linker (GGFG) for treating cancer.
In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.1 Obviousness-Type Double Patenting Obviousness-type double patenting (ODP) is a judicially created doctrine dating back to the 19th century that prevents two patents from granting on patentably indistinct inventions.
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