On August 26, 2019, the U.S. District Court for the District of Delaware granted a motion by Bayer for supplemental damages and interests of an additional US$27 million in addition to the US$155 million awarded by a jury earlier this year for infringing Bayer’s hemophilia treatment patent.
In a ruling on August 23, 2019, U.S. District Judge Richard G. Andrews denied Baxalta’s bid to reverse the verdict or order a new trial in continuing litigation between Bayer and Baxalta, over Bayer’s patent that covers Baxalta’s flagship hemophilia product, Adynovate. On August 26, 2019, Judge Andrews granted Bayer’s motion for supplemental damages of US$18.8 million for December 2018 through early February 2019, and pre-judgment interest of US$8.3 million through early February 2019, bringing the damages award up to US$182 million to date.
The US$155 million damages award issued by the jury in February 2019 against Baxalta already ranks among the 10 largest patent verdicts in Delaware over the past decade, and is the largest biotech patent verdict in that court. The increase to US$182 million further raises the profile of the award.
Bayer’s motion for ongoing royalties of at least 17.78% of worldwide sales revenues of Adynovate is still pending.
The Sidley team representing Bayer in the dispute is led by Jim Badke, Sona De and Ching-Lee Fukuda.
