Court Denies Baxalta S Challenge to 155 Million Patent Infringement Verdict

Bayer sued Baxalta for infringing U.S. Patent No. 9,364,520.  This patent covers a protein necessary for blood clotting that is used in Baxalta’s hemophilia A medication – Adynovate.  Earlier this year, a jury found Baxalta liable and awarded Bayer more than $155 million in damages.  This case just moved a few steps closer to final judgment.

First, the Court denied Baxalta’s motion for judgment as a matter of law that the ’520 patent is invalid, that Adynovate does not infringe, and that the jury’s damages award lacked sufficient evidentiary support.  In denying Baxalta’s motion, the Court found there was sufficient evidence to support the jury’s 17.78% royalty rate on a royalty base of more than $872 million.  The Court also awarded Bayer supplemental damages, prejudgment interest, and post-judgment interest, but confirmed that there was not enough evidence for a jury to find willful infringement.

The case is Bayer Healthcare LLC v. Baxalta Inc. et al., Case No. 16-cv-1122-RGA (D. Del).

Editors: Brian Horne, Yanna Bouris and Paul Stewart

Written by: Mark Kachner