Mer­ck? Check. Roche? Check. Now Bris­tol My­ers Squibb wants As­traZeneca to pay for PD-L1 patents

Hav­ing set­tled patent law­suits with Mer­ck and Roche over their PD-(L)1 drugs, Bris­tol My­ers Squibb has found a new tar­get in its cru­sade to pro­tect — and re­coup any dam­ages to — the Op­di­vo fran­chise.

In a new­ly filed com­plaint, Bris­tol My­ers Squibb claimed that As­traZeneca’s PD-L1 in­hibitor, Imfinzi, in­fringed on at least eight of its patents.

This is not the first time Bris­tol My­ers Squibb has tried to cap­i­tal­ize on its pi­o­neer sta­tus in the check­point field. Back in 2017, Mer­ck hand­ed over $625 mil­lion to set­tle law­suits around Keytru­da and promised to pay roy­al­ties to both Bris­tol My­ers and its Japan­ese part­ners at Ono through 2026 (6.5% for the first six years, then 2.5% for three years). In 2020, Roche reached a sim­i­lar set­tle­ment deal for its Tecen­triq, where the up­front and roy­al­ty per­cent­ages weren’t dis­closed.

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