In a landmark decision, a federal jury in Delaware has ruled that AstraZeneca must pay Pfizer's Wyeth division a staggering $107.5 million in damages for infringing on two key patents related to its blockbuster cancer drug Tagrisso. This legal battle dates back to 2021 when Wyeth accused AstraZeneca of violating its '314' and '162' patents, which cover the use of irreversible EGFR inhibitors to treat non-small cell lung cancer (NSCLC) patients resistant to earlier generation EGFR tyrosine kinase inhibitors like gefitinib and erlotinib.
The jury unanimously found that AstraZeneca infringed on three claims of the '312 patent' and one claim of the '162 patent' with its Tagrisso product, which is approved for both second-line and first-line adjuvant treatment of NSCLC. However, the jury did not find evidence that AstraZeneca's infringement was willful.
Tagrisso, which was first approved by the FDA in 2015, has become a cornerstone of AstraZeneca's portfolio, generating nearly $5.8 billion in sales in 2023. The drug works by targeting specific mutations in the EGFR protein to disrupt cancer cell growth and proliferation. Its impressive commercial performance has made it AstraZeneca's top-selling cancer drug, second only to the diabetes medication Farxiga.
While the final judgment awaits the judge's review, this verdict represents a significant setback for AstraZeneca, threatening to undermine the financial foundation of one of its most valuable assets. The company will likely appeal the decision, as it maintains that Wyeth's patents are invalid. Nonetheless, this legal battle underscores the high stakes involved in protecting intellectual property rights in the fiercely competitive pharmaceutical industry.
As AstraZeneca navigates this crisis, it must find a way to safeguard Tagrisso's future while also addressing the broader implications of this ruling. The outcome of this case will undoubtedly have far-reaching consequences, not only for the two companies involved but also for the broader landscape of biopharmaceutical innovation and patent litigation.