With Kite’s PDU­FA date loom­ing, fed­er­al court toss­es Juno’s CAR-T patent chal­lenge — for now

Juno Ther­a­peu­tics $JUNO was spoil­ing to bat­tle ri­val CAR-T de­vel­op­er Kite Phar­ma $KITE in court over claims that its lead ther­a­py had in­fringed on its patent. But to­day Juno says that the suit was thrown out af­ter the U.S. Dis­trict Court for the Dis­trict of Delaware de­ter­mined that it lacked ju­ris­dic­tion un­til af­ter an ap­proval oc­curs.

Ac­cord­ing to Juno, the court de­ter­mined that there was no ev­i­dence that an FDA ap­proval of Kite’s ther­a­py – axi­cab­ta­gene ciloleu­cel, or KTE-C19 – “is im­mi­nent or even cer­tain.”

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