June's AI-picked stock updates now live. See what's new in Tech Titans, up 28.5% year to date.Unlock Stocks

UPDATE 1-Merck, Bristol-Myers agree to settle Keytruda patent suit

Published 21/01/2017, 09:20 am
© Reuters.  UPDATE 1-Merck, Bristol-Myers agree to settle Keytruda patent suit
MRK
-
4528
-

(Adds settlement details, litigation background and share movement)

Jan 20 (Reuters) - Merck (NYSE:MRK) & Co MRK.N said it agreed to enter into a settlement and license agreement with Bristol-Myers Squibb Co BMY.N and Ono Pharmaceutical Co Ltd 4528.T to resolve all global patent-infringement litigation related to its cancer drug, Keytruda.

Merck will make an initial payment of $625 million to Bristol and Japan's Ono. The company will also pay a 6.5 percent royalty rate on Keytruda sales from January 2017 to December 2023, and a 2.5 percent rate for the subsequent three years.

Bristol will get 75 percent of the royalties and Ono will get the rest.

Bristol and Ono, which co-developed the first PD-1 antibody called Opdivo, filed the suit against Merck in September 2014, alleging that its sale of Keytruda, also a PD-1 antibody, infringed their patents in markets including the United States, parts of Europe, Australia and Japan.

Merck said the $625 million payment will be recorded in the company's fourth-quarter and full-year 2016 results.

The settlement comes a day after Bristol-Myers said it wouldn't seek faster approval for a combination of its two immunotherapy drugs as an initial treatment for lung cancer, further solidifying Merck's leading position in the burgeoning immuno-oncolgy field. shares closed down 11 percent on Friday, but rose marginally in extended trading after the settlement agreement.

Merck's shares, which closed up 3.6 percent, were unchanged after the bell.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.