By Katherine Hamilton
AnaptysBio filed a partial motion to dismiss Tesaro's anticipatory breach of contract claim.
The filing comes after Tesaro in November filed a lawsuit against Anaptys claiming it repudiated a 2014 royalties agreement.
Under the agreement, Tesaro, which is a subsidiary of GSK, was developing Jemperli and San Diego-based Anaptys was eligible to receive royalties for sales of the drug.
Anaptys said it had approached Tesaro before the lawsuit to engage in talks to resolve its claims that Tesaro had breached the royalties agreement.
In response to the lawsuit, Anaptys filed a complaint in a Delaware court requesting a declaration that Tesaro had materially breached the royalties agreement. It filed its motion to dismiss Tesaro's claim on Dec. 30.
The motion was unsealed Thursday and explains why Anaptys never repudiated the agreement.
The court is expected to hear Anaptys' Motion to Dismiss by early March. Tesaro and Anaptys have a trial date scheduled for July 14-17.
The royalty term under the companies' agreement extends at least through expiration of composition of matter coverage on the molecule, which will be in 2035 in the U.S. and 2036 in Europe.
Write to Katherine Hamilton at katherine.hamilton@wsj.com
(END) Dow Jones Newswires
01-08-26 1842ET
