Daiichi Told Cancer Drug Patent Fight Must Be Arbitrated

Law360 (May 1, 2020, 7:54 PM EDT) -- An arbitrator has concluded that a dispute between Daiichi Sankyo Co. Ltd. and a U.S. biotechnology company over cancer drug patents should be arbitrated, saying he was obligated to do so since it was not obvious whether the dispute fell under an exclusion in the parties' agreement.

The arbitrator, Judge Garrett E. Brown Jr., who is retired, concluded that Seattle Genetics Inc.'s argument that the dispute fell under the arbitration clause in its agreement with Daiichi Sankyo was "at least as plausible" as the Japanese pharmaceutical company's argument that the dispute was excluded from arbitration under the deal.

The clause includes...

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