The litigation by Nobel Prize laureate Dr. Honjo Tasuku (professor at Kyoto University) against Ono Pharmaceuticals, which used his co-researched patent in the cancer drug Opdivo, reached a settlement on November 12, 2021. A third party IP specialist thinks this has solved the battle positively for both sides.[1]
Honjo had sought over JPY 26 billion as reasonable payment in light of an oral agreement he claimed to have received for his help to Ono in its large court victory over Merck (USA) for patent infringement. However, Ono had offered him about one tenth of that,[2] leading to Honjo’s suit.
Takeda Pharmaceutical’s Akimoto Hiroshi, who is working to strengthen academic-industry collaboration in innovation, commented that he thought the resulting JPY 5 billion payment to Honjo and a further JPY 23 billion to Honjo’s brainchild, a Kyoto University research fund, gave Honjo the recognition of academia’s work and Ono a quick resolution to its shareholders’ nightmare.
The resulting large amount that Honjo and his university gained does seem like a win for academic researchers working with corporations–but, as Akimoto commented, this problem started largely because no one took care to get Honjo a better contract for the circumstances. Akimoto suggests that better industry-academica collaboration and an environment for that is a pressing need in Japan.[1] We could say that this is a wake-up call for Japanese academia and industry to play with better vision on both sides.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Contact: Taro Yaguchi
Sources
[1] Yasuda, Naomi.「双方のメンツ立つ和解」 オプジーボ訴訟で知財専門家 [“Both sides were able to save face”: IP specialist comments on Opdivo litigation case].” https://www.sankei.com/article/20211112-B4MHUI7QEJO65GUQ6L5XGTU6YA/ November 12, 2021. Accessed November 25, 2021.
[2] Segawa, Shigeko. “ノーベル賞の本庶さんが特許の対価を巡って怒る！がん治療薬「オプジーボ」成功のかげで深まっていた対立 [Mr. Honjo, Nobel laureate, upset about how his patent is valued! The conflict that emerged from the Opdivo cancer drug success]” https://webronza.asahi.com/science/articles/2019041600004.html Web Ronza. “April 19, 2019. Accessed November 25, 2021.
Header image by Gerd Altmann from Pixabay.
