Chong Kun Dang, Kwangdong Challenge AstraZeneca's Lung Cancer Patent At KIPTAB

Chong Kun Dang, Kwangdong Challenge AstraZeneca's Lung Cancer Patent At KIPTAB
(Source: AstraZeneca)

Two South Korean drugmakers have filed separate actions with the Intellectual Property Trial and Appeal Board seeking determinations that their products do not infringe AstraZeneca's Korean patent covering a lung cancer therapy. 

Chong Kun Dang Pharmaceutical Corp. lodged its October 2024 petition — case number 2024당3116 — while Kwangdong Pharmaceutical Co. Ltd. followed with its own filing in November 2024 under case number 2024당3260. Both petitions target Korean Patent No. 2336378, titled "Pharmaceutical Compositions Comprising AZD9291."

The proceedings, known in Korea as negative declaratory scope confirmation trials, allow a party to obtain a ruling that its product or technology does not fall within the scope of a rival's patent rights. 

The patent at issue covers AZD9291, better known by its international nonproprietary name osimertinib, a third-generation irreversible EGFR tyrosine kinase inhibitor developed by AstraZeneca. Marketed globally under the brand name Tagrisso, the drug is a blockbuster therapy for non-small cell lung cancer patients with EGFR mutations such as Exon 19 deletion, L858R, and the T790M resistance mutation. 


By PatenTrip


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