Cytokinetics, Incorporated filed a current report on August 13, 2026, disclosing that it has initiated a lawsuit in the U.S. District Court for the District of Delaware against Bristol-Myers Squibb Company and MyoKardia, Inc., seeking to invalidate a patent the company says it does not infringe.
Key Highlights
- Complaint filed August 13, 2026: Cytokinetics filed its complaint in the United States District Court for the District of Delaware against Bristol-Myers Squibb Company and MyoKardia, Inc.
- Patent at issue: The complaint targets U.S. Patent No. 12,616,697, seeking a declaratory judgment of non-infringement and invalidity of all claims.
- Product involved: The dispute relates to MYQORZO (aficamten), Cytokinetics' commercially available product.
- Injunctive relief sought: The company requests a preliminary and permanent injunction barring defendants from threatening or initiating infringement litigation against Cytokinetics or its customers, dealers, suppliers, sellers, or distributors.
- Attorneys' fees requested: The company asks the court to find the case exceptional and award reasonable attorneys' fees under 35 U.S.C. Section 285.
- Jury trial demanded: Cytokinetics has demanded a trial by jury on all triable issues.
Cytokinetics Seeks Declaratory Judgment Against BMS and MyoKardia Over '697 Patent
According to the filing, Cytokinetics, Incorporated (NASDAQ:CYTK) filed a complaint on August 13, 2026, in the United States District Court for the District of Delaware naming Bristol-Myers Squibb Company and MyoKardia, Inc. as defendants. The complaint seeks a declaratory judgment that the company does not infringe U.S. Patent No. 12,616,697, referred to in the filing as "the '697 patent," and that the patent's claims are invalid.
The filing describes the specific relief Cytokinetics is requesting from the court. These include a judgment declaring non-infringement and invalidity of any valid claim of the '697 patent, as well as a preliminary and permanent injunction preventing the defendants, and those acting in concert with them, from threatening or initiating infringement litigation against the company or against "users, customers, dealers, suppliers, sellers or distributors" of MYQORZO (aficamten). The company also requests an award of costs and, citing 35 U.S.C. Section 285, asks the court to find the case exceptional and award reasonable attorneys' fees.
The filing states that the company "intends to vigorously assert its legal rights, but the outcome of any litigation is inherently uncertain." Cytokinetics noted it will provide updates on the matter to the extent required or appropriate in future regulatory filings and does not otherwise intend to comment. The report was signed by John O. Faurescu, SVP, Deputy General Counsel and Secretary of Cytokinetics, Incorporated.
What Was Disclosed
Cytokinetics disclosed via an Item 8.01 current report that it filed a federal lawsuit against Bristol-Myers Squibb and MyoKardia seeking a declaratory judgment of non-infringement and invalidity of U.S. Patent No. 12,616,697, which relates to its MYQORZO (aficamten) product.




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