In November 2019, Seattle Genetics submitted an arbitration demand to the American Arbitration Association regarding the ownership of certain technology used by Daiichi Sankyo in the breast cancer drug ENHERTU® (DS-8201, [Fam-] trastuzumab deruxtecan), among other product candidates. The demand alleges that the linker and other antibody-drug conjugate (ADC) technology used in these agents are improvements to Seattle Genetics’ pioneering ADC technology, the ownership of which was assigned to Seattle Genetics under the terms of a 2008 collaboration agreement between the companies. On November 4, 2019, Daiichi Sankyo attempted to have the case heard in federal court. On April 27, 2020, it was ruled that the dispute should be resolved in arbitration and that the arbitration process should move forward.
さて、2008年の契約をみると、Drug Conjugate Techonology等に関する「改良技術」の帰属ですが、Seagenに全て帰属する契約になっています。
3.3.1 Improvements. In the event that, during the Term, Licensee conceives, develops or reduces to practice an Improvement that relates to the Drug Conjugation Technology, Licensee shall promptly notify SGI of the discovery of such Improvement. SGI shall own all such Improvements that relate to the Drug Conjugation Technology and, to the extent that such Improvements shall have been conceived, developed or reduced to practice by Licensee, Licensee hereby assigns all of its right, title and interest therein to SGI. SGI’s interest in any such Improvements that it Controls shall be included in the SGI Technology and made available to Licensee via the Exclusive License provided in Article 3. Licensee may use such Improvement assigned to SGI by Licensee for any purpose within the scope of the Exclusive License granted herein solely during the Term of this Agreement.
1.1.32 “Improvements” means all patentable or non-patentable inventions, discoveries or other know-how developed and Controlled by either Party after the Effective Date that utilize, incorporate, derive directly from, directly relate to, are made using or are based directly on the SGI Technology; provided that Improvements shall not include any of the foregoing developed by SGI that, within a reasonable time period after such inventions, discoveries or know-how are made or identified, [***].
13.1 Term. Unless earlier terminated pursuant to this Article 13, the term of this Agreement (the “Term”) shall commence on the Effective Date and shall remain in full force and effect until the expiration of the last to expire Royalty Term.