On December 9, 2018, Alnylam Pharmaceuticals, Inc. and its wholly owned subsidiary, Alnylam UK Limited (together, the “Company”) and Silence Therapeutics PLC and Silence Therapeutics GmbH (together, “Silence”) entered into a Settlement and License Agreement (the “Agreement”) resolving all ongoing claims, administrative proceedings, and regulatory proceedings worldwide between the companies regarding, among other issues, patent infringement, patent invalidity and breach of contract (the “Proceedings”).
The terms of the Agreement include mutual releases and provide for the dismissal, withdrawal or discontinuation with prejudice of all claims and counterclaims in the Proceedings between the parties. Each party will bear its own attorney fees and costs incurred in the Proceedings. The Agreement does not include any admission of liability or wrongdoing by any party.
Under terms of the Agreement, through 2023, Silence will be entitled to receive a low, tiered royalty ranging from 0.33 percent to 1.0 percent on annual net sales of ONPATTRO® (patisiran) in the European Union only.
The Agreement includes the grant from Silence to the Company of anon-exclusive, global, irrevocable license, with the right to sublicense to affiliates and additional licensees (including its current and future collaborators and distributors), to all relevant patents for all current and future products of the Company, whether commercialized by the Company or a collaborator or licensee (including without limitation ONPATTRO, vutrisiran, givosiran, lumasiran, inclisiran, fitusiran, cemdisiran,ALN-HBV02,ALN-AAT02, and all other investigational therapeutics in the Company’s current and future pipeline). Such license is fully paid up with no milestones or royalties, except for the limited royalty on ONPATTRO net sales in the European Union only, as described above.