backOn July 29, 2025, a jury in the Superior Court of the State of Delaware unanimously found in favor of King & Spalding client CG Oncology, Inc. (NASDAQ: CGON) (“CG Oncology”) on all claims in a March 2024 lawsuit brought by ANI Pharmaceuticals, Inc. (Nasdaq: ANIP) (“ANIP”).
ANIP sued CG Oncology in March 2024 seeking a declaration that it was entitled to running royalties on net sales of cretostimogene or, in the alternative, $2.3 billion in unjust enrichment damages for the non-patent CG0070 assets that ANIP’s predecessor, BioSante Pharmaceuticals, had sold to CG Oncology in November 2010. Cretostimogene is CG Oncology’s investigational, intravesically delivered oncolytic immunotherapy in development for bladder cancer.
CG Oncology asserted counterclaims that ANIP was not entitled to any future royalty payments. On July 16, 2025, Judge Sheldon K. Rennie of the Superior Court of the State of Delaware agreed in an oral ruling with CG Oncology that ANIP was not entitled to future royalties given that the last patent sold by BioSante/ANIP to CG Oncology had expired.
A jury trial on ANIP’s unjust enrichment claim began on July 21, 2025, and the jury returned its unanimous verdict in favor of CG Oncology on July 29, 2025. The decisions ensure that CG Oncology will not owe ANIP a future royalty of 5% on commercial sales of cretostimogene and that there are no further payments due to ANIP for damages.
CG Oncology is a late-stage clinical biopharmaceutical company focused on developing and commercializing a potential backbone bladder-sparing therapeutic for patients with bladder cancer.
The King & Spalding team included Dara Kurlancheek, Joe Eng, Mark Zambarda, Amanda Klingler, Lisa Horvath, Eric Valuyev, and David Farber, assisted by local counsel Kelly Farnan and Sara Meltzer of the Richards, Layton and Fingers firm in Wilmington Delaware.
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