Vectura: U.S. Appeals Court Upholds Ruling Against GlaxoSmithKline
November 19 2020 - 3:40PM
Dow Jones News
By Adriano Marchese
Vectura Group PLC said Thursday that a court of appeals in the
U.S. has upheld a district court ruling on post-trial motions
brought on by GlaxoSmithKline PLC over a patent.
The inhaled-medicines specialist said the U.S. Court of Appeals
for the Federal Circuit denied the pharma giant's motions for
judgment as a matter of law, a new trial on infringement and for a
new trial on damages in litigation regarding a Vectura patent in
the U.S.
As a result, the company said the original ruling by the
District Court of Delaware was upheld.
In July 2016, Vectura filed a patent infringement lawsuit
against GSK in Delaware claiming that sales of three of GSK's
products infringed certain Vectura formulation patents.
Vectura filed a lawsuit against GSK citing a 2010 agreement
under which GSK had taken a license to formulation technology
covered by a Vectura patent family, but the licenses expired in
July 2016, and GSK declined to accept the option to licenses
additional patent families.
In September, among other things, the Delaware court upheld an
award of $89.7 million in damages to Vectura dating back to
early-May 2019, as well as the continued royalties of 3% on U.S.
sales of certain infringing GSK products.
Vectura had previously estimated that damages with interest and
accumulated interest could amount to around $200 million, but the
precise amount depends on GSK reporting of those infringing
products's sales.
Write to Adriano Marchese at adriano.marchese@wsj.com
(END) Dow Jones Newswires
November 19, 2020 15:25 ET (20:25 GMT)
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