Astrazeneca UK Ltd (claimant/respondent) v Tesaro, Inc. (defendant/appellant)
Wednesday 17 January 2024
This is an appeal against the Order of Richards J dated 24 April 2023 that ordered that judgment be entered for the Claimant against the Defendant in the claim and dismissed the Defendant’s counterclaim.
The Claimant (“AZ”) is the head licensee of certain patents (the “Licensed Patents”) under agreements (the “Head Licence Agreements”) with the holders of the Licensed Patents, namely the Institute of Cancer Research (“ICR”) and the University of Sheffield.
AZ has entered into sub-licence agreements (the “Licence Agreements”) of the Licensed Patents with the Defendant (“Tesaro”). These proceedings concern the interpretation of the royalty provisions of the Licence Agreements. By way of very broad overview, AZ contends that the Licence Agreements require Tesaro to pay a royalty calculated by reference to total sales of relevant products for use as cancer treatments (i.e. that there is a “total sales royalty”). Tesaro argues that the royalty is payable only on sales that are for uses claimed or covered by the Licensed Patents.
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