Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugs After a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over …
Apr 12, 2022 · The largest patent infringement award of $2.54 billion was given to Idenix by the Jury in 2016. Using Carter’s analysis Idenix’s attorney in the opening statement explained why they are seeking $2.54 billion as damage which was 10% royalty and not lost profit.
Tracing The Fate Of The Decade's Biggest Patent Verdicts Law360 (March 3, 2020, 6:19 PM EST) -- Over the last 10 years or so, patent owners have celebrated when juries returned infringement...
Feb 22, 2018 · Jonathan Singer of Fish & Richardson. PROFILE Litigator of the Week: Roaring Back From the Largest-Ever Patent Verdict In late 2016, Gilead Sciences Inc. and a Fish & Richardson trial team led by...
The infringement was filed by Lucent Technologies in 2003 which later in 2006 merged with Alcatel. The infringed patent covered MP3 and MPEG encoding and compression technology. Later in Sep 2008 after a series of events, the CAFC published its opinion and dismissed the case on two grounds.
Intel pledged for appeal. One of the patents was originally issued in 2012 to Freescale Semiconductor Inc. and the other in 2010 to SigmaTel Inc. Freescale bought SigmaTel and was in turn bought by NXP in 2015. The two patents were transferred to VLSI in 2019.
Pfizer vs Teva was another interesting case where generic drugmakers, for the first time, paid damages for marketing a generic copy of a drug patent of which has yet to expired. This is also known as ‘at-risk launch.
Teva and Sun Pharma launched generic copies of Pfizer’s blockbuster drug Protonix in 2007 and 2008 respectively. The patent on the drug was going to expire in 2011. Pfizer awarded $2.15B of which Teva and Sun Pharma agreed to pay $1.6 billion and $550 million respectively.
Began in 1990, the litigation took 11 years to settle in 2001. Litton, in 1990, filed a patent infringement and antitrust lawsuit against Honeywell in the U.S. District Court in Los Angeles.
Idenix vs Gilead is an iconic case which is full of lessons for a plaintiff as a damage seeker as well as a defendant for he can learn what mistakes to be avoided in such trials.
Recently in March 2021, Intel Vs. VLSI made the news when the Texas court asked Intel to pay $2.18 billion to VLSI for infringing two of their patents. The amount was the second highest patent damages award in US History.
Law360 (March 3, 2020, 6:19 PM EST) -- Over the last 10 years or so, patent owners have celebrated when juries returned infringement verdicts as high as $2.54 billion. But most of those top-dollar awards have been lowered, wiped out or settled.
This came after a Missouri federal jury put DuPont on the hook for $1 billion the year before, saying it had willfully infringed Monsanto's patented Roundup Ready technology for herbicide-resistant seeds.
Centocor alleged that Humira, a medicine used to treat arthritis, psoriasis, Crohn’s disease, and ankylosing spondylitis (and which achieved $4.5 billion in sales revenue in 2008), infringed its patent covering the use of fully human antibodies to combat tumour necrosis factor. A district court jury agreed, awarding Centocor $1.168 billion to compensate for lost profits and a further $504 million in a reasonable royalty for a total of over $1.6 billion – another unheard-of sum of initial damages.
for infringement of a patent covering the use of nucleosides or phosphate derivatives thereof in the treatment of HCV. The suit alleged that Gilead’s drugs Sovaldi® and Harvoni®, both of which were marketed as treatments for the hepatitis C virus and contained the active ingredient sofosbuvir (a nucleoside phosphate derivative), were in knowing contravention of this patent.
– which would merge with Alcatel in 2006 to become Alcatel-Lucent – filed suit against Microsoft, claiming that the MP3 capabilities of Windows Media Player infringed its patents on its MP3 and MPEG encoding and compression technologies, among others. In February 2007, a San Diego jury found in favour of Alcatel-Lucent and awarded the company $1.52 billion in damages.
A district court jury agreed, awarding Centocor $1.168 billion to compensate for lost profits and a further $504 million in a reasonable royalty for a total of over $1.6 billion – another unheard-of sum of initial damages. Despite the jury having found Abbott to be a willful infringer of Centocor’s patent, the decision was reversed on appeal by ...
The suit alleged that Gilead’s drugs Sovaldi® and Harvoni®, both of which were marketed as treatments for the hepatitis C virus and contained the active ingredient sofosbuvir (a nucleoside phosphate derivative), were in knowing contravention of this patent.
In 2010 they were ordered to take their products off the market after a near decade-long series of legal defeats, and their counter-allegation that the patent for Protonix – a widely-used drug – was obvious and should be declared invalid was rejected by a district court.
Intellectual property is a valuable asset, and the US is a world leader in its annual volume of patent disputes. The 90s and 2000s have seen a steady increase in the initial damages demanded in American patent litigation cases, which is illustrated in the examples below.
Much has been written about the expense and difficulty of defending a patent infringement lawsuit, but, truth is, most inventors, entrepreneurs, small businesses, and many mid-sized businesses, can’t afford to enforce their own patent and licensing rights against infringing competitors.
Many of today’s legal scholars and commentators believe that the patent system is too protective and that the patent system has been exploited by wealthy vested interests to hinder innovation by new entrepreneurs. Part of that criticism is understandable: patent infringement lawsuits are often wars of attrition, with hundreds of thousands, ...