GSK unit wins partial dismissal in dostarlimab licence dispute with AnaptysBio Proactive uses images sourced from Shutterstock
GSK PLC’s (LSE:GSK, NYSE:GSK) oncology subsidiary TESARO has secured a partial legal victory after a Delaware court dismissed a counterclaim brought by AnaptysBio, the US biotechnology company, in a dispute over the licence for cancer drug dostarlimab.
The Delaware Chancery Court granted TESARO’s motion to dismiss AnaptysBio’s claim for anticipatory breach, though the ruling does not address the core contractual dispute between the parties.
TESARO’s remaining claim for declaratory judgment, which seeks a formal court ruling on the parties’ legal rights under the licence agreement, is unaffected and will proceed to trial.
The litigation stems from allegations by AnaptysBio that TESARO failed to fulfil certain requirements under a licence agreement signed in March 2014, with AnaptysBio threatening to revoke TESARO’s licence for the drug.
GSK and TESARO have rejected those allegations as entirely without merit.
Dostarlimab, sold under the brand name Jemperli, is approved in more than 35 countries for the treatment of certain endometrial cancers, the most common gynaecologic cancer in the United States.
GSK has reported strong growth for Jemperli following label expansions in endometrial cancer across the US and European Union.
The company is running clinical trials to assess whether dostarlimab could be used to treat additional cancer types, including rectal, colon, and head and neck cancers.