Vectura said this week that it has settled a U.S. patent infringement litigation with GlaxoSmithKline and was awarded $89.7 million in damages.
Following a jury trial in the U.S. District Court for the District of Delaware, Ventura was awarded 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 found that Vectura had proven that GlaxoSmithKline had infringed claim 3 of patent ‘991. Evidence showed that GlaxoSmithKline willfully infringed claim 3 of the ‘991 patent. Vectura will seek application of 3% royalty to the sales of the Ellipta products through the end of the patent term in mid-2021.
“Although we regret the need to take a longstanding partner to court, we are pleased with the jury’s verdict which confirms the validity of our intellectual property and the decision to progress this action with GSK. We will provide updates on this matter in due course,” James Ward-Lilley, CEO of Vectura, said in a press release.
Vectura filed a patent infringement lawsuit against GlaxoSmithKline in July 2016. The two companies entered an agreement in 2010 that stated that GlaxoSmithKline would take a license to make technology that was covered by Vectura’s patent family. The licensed patents expired in July 2016, at which point GlaxoSmithKline could license additional patent families under the original agreement. They declined the relicensing, resulting in Vectura’s lawsuit.
Vectura has the right to seek enhanced damages because of the willfulness finding and GlaxoSmithKline has the option to appeal the jury’s decision.
