Fresh off its $89.7 million jury award in a patent infringement case against GlaxoSmithKline (NYSE:GSK), British inhaler company Vectura has petitioned the court for an additional $44 million.
On May 16, a jury in U.S. District Court for the District of Delaware awarded Vectura damages for the period from August 2016 through December 2018 for an infringement on Vectura’s U.S. patent 8303991 by sales of three of GlaxoSmithKline’s Ellipta products.
The jury based its award on royalties GSK earned from the infringed patent based on U.S. sales of the accused products from August 1, 2016 through December 31, 2018, according to Vectura’s recent filing for additional damages.
The jury found that Vectura proved that GSK willfully infringed claim 3 of the ’991
patent and that Vectura is entitled to an ongoing royalty of 3%. Vectura is now asking the court to boost total compensatory damages by 33.3% to an effective royalty rate of 4% or more than $33.4 million for the period from August 1, 2016 through May 16, 2019.
Vectura also asked for supplemental damages for infringing sales that occurred up until the day of the award but were not considered by the jury. That adds up to an additional $10.6 million for royalties GSK earned between Jan. 1 and May 16, 2019, Vectura said. U.S. sales of Ellipta products were $93 million higher in Q1 2019 than the corresponding quarter in 2016, and sales have totaled nearly $3.3 billion since July 2016, the company noted.
Vectura also petitioned for attorneys’ fees, regardless of whether the court grants its motion for enhanced damages.
A GlaxoSmithKline spokesperson said in an email to Drug Delivery Business that the company is reviewing the filings and looks forward to an opportunity to respond.