Paul Hastings Recognized by The American Lawyer for Victory in Multi-Billion Dollar International Life Sciences Dispute

April 12, 2024

Paul Hastings LLP was recognized as a “runner-up” for The American Lawyer’s Litigator of the Week for its victory in the U.S. District Court for the Western District of Washington on behalf of Daiichi Sankyo. The court denied plaintiff Seagen, Inc.’s petition to vacate and granted Daiichi Sankyo’s cross-motion to confirm an arbitral award in a multi-billion international life sciences dispute over pioneering cancer drug patents. The court rejected Seagen’s challenge that the arbitrator “manifestly disregarded” the rule of law, and confirmed both the arbitrator’s rejection of all of Seagen’s claims and the arbitrator’s award to Daiichi Sankyo of over $45 million in attorney’s fees and costs. 

In Seagen Inc. v. Daiichi Sankyo Co. Ltd., No. 2:22-cv-01613 (W.D. Wash.), Seagen claimed that Daiichi Sankyo misappropriated Seagen’s proprietary technology in the course of the parties’ prior collaboration. Seagen sought to extract from Daiichi Sankyo tens of billions of dollars (over $1 billion in damages, over $26 billion in royalties, and tens of billions more in continuing lifetime royalties), plus worldwide ownership of Daiichi Sankyo’s proprietary portfolio of pioneering drugs for treating patients suffering from deadly cancers, plus global patent rights to more than 350 Daiichi Sankyo patents and patent applications. The arbitrator rejected all of Seagen’s claims as both barred by the applicable statute of limitations and the parties’ collaboration agreement. The arbitrator then awarded Daiichi Sankyo over $45 million in fees and costs – one of the largest known such awards in an international commercial arbitration.   

On April 1, 2024, U.S. District Judge James L. Robart rejected Seagen’s request to vacate the arbitrator’s award. Instead, the court confirmed the award, including the full award of fees and costs. The court also awarded Daiichi Sankyo prejudgment interest of approximately $869,000, plus additional post-judgment interest. 

Chair of the Firm’s Litigation practice in New York Preston K. Ratliff II, Global Co-Chair of the International Arbitration practice Joseph R. Profaizer, and partner Igor V. Timofeyev led the Paul Hastings team.

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