Unified Patent Court: 2seventy bio v Johnson & Johnson CAR-T Cell Therapy Patent Litigation

• 2seventy bio, a subsidiary of Bristol-Myers Squibb, is suing Johnson & Johnson over CAR-T cell therapy patent rights.
• The case, UPC_CFI_029/2026, concerns sequence-limited composition-of-matter protection at the Unified Patent Court (UPC) and is currently in the written phase.
• The outcome may set a precedent for how sequence-limited composition-of-matter protection is applied in the EU.
• Companies developing CAR-T cell therapies should closely monitor this case due to its potential impact on market share and competitiveness.

The outcome of this litigation may have far-reaching implications for companies developing CAR-T cell therapies and seeking to protect their intellectual property.

A patent litigation case is unfolding at the Unified Patent Court (UPC) between 2seventy bio, a subsidiary of Bristol-Myers Squibb, and Johnson & Johnson. The dispute revolves around CAR-T cell therapy, a treatment for certain types of cancer. Specifically, the case UPC_CFI_029/2026 concerns the protection of sequence-limited composition-of-matter patents related to the CAR sequence in CAR-T cell therapies. The case was filed on January 5, 2026, at the Brussels local division of the UPC and is currently in the written phase, with an oral hearing set for March 23, 2027.

The litigation highlights the challenges of protecting intellectual property in the rapidly evolving field of cell therapy. As new competitors enter the market with similar products targeting the same indications, the value of sequence-limited composition-of-matter protection may be diminishing.

The UPC's jurisdiction over patent disputes has created a unified forum for litigating patents across Europe. This development is significant for companies operating in the EU, as it simplifies the process of enforcing and defending patents. However, the UPC's approach to sequence-limited composition-of-matter protection remains unclear.

In this context, the 2seventy bio v Johnson & Johnson case will set an important precedent for how sequence-limited composition-of-matter protection is applied at the UPC. The outcome of this litigation may have far-reaching implications for companies developing CAR-T cell therapies and seeking to protect their intellectual property.

The potential impact of this litigation on market share and competitiveness in the CAR-T cell therapy industry should not be underestimated. As new competitors enter the market with similar products, companies may struggle to maintain their market position without effective protection for their intellectual property.

Lawyers and compliance officers should closely monitor the outcome of this case, as it may establish a precedent for how sequence-limited composition-of-matter protection is applied at the UPC. This development could have significant implications for companies operating in the EU and seeking to protect their patents.

Lawyers and compliance officers should watch for the potential impact on market share and competitiveness in the CAR-T cell therapy industry, as this litigation may set a precedent for how sequence-limited composition-of-matter protection is applied at the UPC.

Source: Original reporting via Thinking beyond the sequence: CAR-T cell therapy litigation at the UPC (2seventy bio v Johnson & Johnson, UPC_CFI_029/2026)