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AnaptysBio seeks partial dismissal in GSK oncology unit dispute over Jemperli royalty
Summary
AnaptysBio filed a partial motion to dismiss a claim by GSK’s oncology unit over royalties tied to the cancer drug Jemperli; the court is expected to hear the motion by early March and a trial is scheduled for July 14–17, 2026.
Content
AnaptysBio has filed a partial motion to dismiss a claim brought by GSK’s oncology unit, escalating a legal dispute over royalties linked to the cancer drug Jemperli. The disagreement traces back to a 2014 license agreement that granted Tesaro rights to develop and sell Jemperli, a PD‑1 inhibitor approved for certain endometrial cancers. Both sides have filed competing complaints in Delaware court, and key dates for the case are now set. The matter involves questions about contract performance, exclusivity and commercialization under the original deal.
Key facts:
- AnaptysBio filed a partial motion to dismiss a claim by GSK’s oncology unit related to royalty payments for Jemperli.
- The dispute centers on a 2014 agreement that gave Tesaro the rights to develop and sell Jemperli.
- Tesaro sued AnaptysBio on Nov. 20, alleging breach that allowed it to terminate the deal, reduce royalty and milestone payments, and secure a permanent license.
- AnaptysBio countersued on Nov. 21, alleging Tesaro violated exclusivity by taking part in trials of rival PD‑1 drugs, including Merck’s Keytruda, and that GSK interfered by prioritizing other programs.
- The license specifies tiered royalties ranging from 8% to 25% depending on annual net sales, and royalty payments are set to continue at least until key U.S. patents expire in 2035 and EU patents in 2036.
- The court is expected to hear AnaptysBio’s motion by early March, and a trial is scheduled for July 14–17, 2026.
Summary:
The filings have established a schedule for the litigation, with the court due to hear the motion by early March and a trial set for mid‑July 2026. The case concerns royalty levels, termination and licensing rights under the 2014 agreement, and its legal resolution will address those contract issues.
