Federal Circuit Upholds Jury Award, Weighs in on Willfulness Normal, in Adynovate® Dispute
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In line with the Federal Circuit, $173 million was the proper damages award for nearly three years of patent infringement ensuing from Baxalta’s sale of its biologic product Adynovate ® (Antihemophilic Issue (Recombinant), PEGylated). In Bayer Healthcare LLC v. Baxalta Inc., et al. , Nos. 2019-2418, 2020-1017 (Fed. Cir. 2021), the circuit court docket upheld an award to Bayer HealthCare LLC of $155 million in royalties and $18 million in pre-verdict supplemental damages, with out enhancement, for infringement of U.S. Patent No. 9,364,520 (the “’520 Patent”), which is directed to recombinant types of human issue VIII. In its resolution, the Federal Circuit addressed the District of Delaware’s findings on infringement, enablement, damages, and willfulness. Slip op. at 2. Within the district court docket, the jury had “found the asserted claims were enabled and infringed, and that Bayer was entitled to reasonable-royalty damages,” howev...
