GSK plc (LSE:GSK)'s subsidiary TESARO, had its claim for anticipatory breach dismissed by the Delaware Chancery Court.
GSK said the ruling does not address the merits of the principal contractual dispute and does not affect TESARO's remaining claim for declaratory judgment, and that GSK and TESARO regard AnaptysBio's allegations as entirely without merit and will pursue the declaratory claim at trial.
TESARO brought the litigation after AnaptysBio alleged TESARO had not fulfilled certain requirements of the licence agreement entered in March 2014 and said it intended to revoke TESARO's licence for dostarlimab.
Jemperli, the brand name for dostarlimab, is approved in over 35 countries for use in certain endometrial cancers, and GSK and TESARO have reported significant growth for the product driven by label expansions in the US and EU.
A clinical programme to evaluate dostarlimab in additional cancers, including rectal, colon and head and neck cancers, remains ongoing.
