Bristol Myers Squibb Launches Patent Infringement Case Against Johnson & Johnson Over CAR-T Cell Therapy in Europe
核心洞察
Bristol Myers Squibb (搜索)'s subsidiary 2seventy bio has filed a patent infringement lawsuit against Johnson & Johnson and Legend Biotech at the Unified Patent Court, targeting their CAR-T cell therapy Carvykti.
The dispute centers on European patent EP 3 689 383, which protects a chimeric antigen receptor targeting B-cell maturation antigens, with both companies' therapies treating multiple myeloma.
This marks the first pharmaceutical case for the Brussels local division of the UPC and represents the growing trend of biotech patent disputes at the European court.
Bristol Myers Squibb (搜索) has escalated its competition with Johnson & Johnson in the CAR-T cell therapy market by filing a patent infringement lawsuit at the Unified Patent Court (UPC) in Brussels. The case, filed in early January by BMS subsidiary 2seventy bio, targets Johnson & Johnson's Janssen-Cilag companies and Legend Biotech over their jointly developed CAR-T cell therapy Carvykti.
Patent Dispute Over Critical Cancer Technology
The lawsuit centers on European patent EP 3 689 383, which protects a chimeric antigen receptor targeting B-cell maturation antigens. The European Patent Office granted this patent at the end of 2025, making it valid across 37 European countries. The EPO subsequently granted unitary effect in January, just days before the UPC received the complaint.
Both companies' therapies address similar patient populations. BMS's Abecma, acquired through the $300 million purchase of Cambridge-based 2seventy bio in 2025, and Johnson & Johnson's Carvykti are both used to treat bone cancer in adults, specifically multiple myeloma. The dispute appears aimed at the distribution of Carvykti in Europe, where Janssen-Cilag International holds the marketing authorization.
Multi-Jurisdictional Legal Battle
The European case represents just one front in what appears to be a comprehensive patent strategy. Parallel proceedings have emerged across multiple jurisdictions, with Janssen-Cilag Limited filing a revocation action in the UK with support from Herbert Smith Freehills. The UK case, filed in early February, is directed against the same European patent.
Additionally, the patent faces opposition at the European Patent Office, where UK firm Boult Wade Tennant filed a straw man opposition at the end of 2025. Partner Matthew Spencer is handling this opposition, while Grünecker partner Rainer Plaggenberg originally filed the European patent on behalf of the United States, which holds ownership of the patent.
Legal Teams and Court Composition
The Brussels local division panel consists of presiding judge Samuel Granata, Dutch judge Marije Knijff, and German judge Anna Lena Klein. This marks the first pharmaceutical case for the Brussels local division, which has previously handled medical devices and implant cases.
A German-British team from Mewburn Ellis is representing 2seventy bio, led by Thomas Wolter, Eliot Ward, and Matthew Naylor. The team includes Amy Crouch, Camilla Balleny, Sean Jauss, Alex Galbraith, Anja Koller, Lauren Woolley, and Liam Batty. Mewburn Ellis recently strengthened its UK litigation capabilities and counts Bristol Myers Squibb (搜索) as an important patent prosecution client.
Johnson & Johnson has organized a joint defense with Legend Biotech. Linklaters partner Pauline Debré from Paris is leading the UPC proceedings alongside Dutch Brinkhof partner Daan de Lange for Johnson & Johnson. Legend Biotech is separately represented by Bird & Bird, with German patent attorney Andreas Obermeier and lawyer Annika Lückemann, both newly appointed partners in 2025.
Growing Trend in Biotech Patent Disputes
This case reflects the increasing number of pharmaceutical and biotech disputes at the UPC. While still relatively rare compared to other technologies, such cases have been rising since last year, with mRNA patent lawsuits showing particular growth.
The dispute highlights the competitive landscape in CAR-T cell therapies, where companies are investing heavily in novel cancer treatments. The acquisition of 2seventy bio by Bristol Myers Squibb (搜索) for approximately $300 million demonstrates the strategic value placed on these innovative therapies and their underlying intellectual property.
The outcome of this multi-jurisdictional patent battle could significantly impact the European market for CAR-T cell therapies targeting multiple myeloma, a cancer affecting bone marrow plasma cells. With both therapies addressing similar patient populations, the patent dispute may ultimately determine market access and competitive positioning for these life-saving treatments across Europe.