Jurisdiction(s):
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UK and EU life sciences legal update—AstraZeneca v Tesaro royalties, EU compulsory licensing, marketing authorisation variations, ICO app privacy advice, ASA CBD rulings (15 February 2024)

Published on: 15 February 2024

Published by a LexisNexis Life Sciences expert

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Intellectual property

Astrazeneca UK Ltd v Tesaro, Inc — Patent—Royalties

The Court of Appeal (Civil Division) allowed the defendant’s appeal from a High Court decision which, on construing a licence agreement with the claimant, had required payment of royalties on all net sales of Zejula in each country where at least one licensed patent was in force. The claimant had granted two patent sub-licences, and the licensed patents claimed second medical uses of the active substance Niraparib. The defendant obtained marketing authorisations to sell Niraparib under the brand Zejula. A royalties dispute followed. Central to the issue was whether royalties were payable by reference to net sales generally or confined to patented uses. The defendant maintained that, properly interpreted, the licence agreements obliged it to pay royalties only on sales of Zejula for indications or treatments falling within the claims of the licensed patents...

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