Takeda to pay Bayer US$ 155 million for patent infringement

By PharmaCompass

2019-02-14

Impressions: 138 Article

In the US, a jury has ordered Japanese drug major Takeda Pharmaceutical’s Baxalta unit to pay Bayer AG US$ 155.19 million for infringing a patent related to a Baxalta hemophilia treatment.

Baxalta was based in Illinois before Shire Plc acquired the company in 2016. Takeda completed the acquisition of Shire last month.

Bayer said the infringement arose from Baxalta’s exclusive license agreement with Nektar Therapeutics, a San Francisco-based company that had done research with Bayer and knew about the patent, including through litigation in Germany.

Jurors in the federal court rejected Baxalta’s argument that the June 2016 patent on the treatment, Adynovate, was invalid. The award covered the period from June 14, 2016, to November 30, 2018. Jurors applied a royalty rate of 17.78 percent to a royalty base of US$ 872.84 million to arrive at the damages award.

Takeda said it was disappointed with the verdict and will consider the legal options before it. “As a company, we are committed to developing and commercializing products with the best interest of patients in mind, and without violating the intellectual property rights of third parties,” it added.

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