Report: Jury orders Takeda to pay Bayer $155M over hemophilia drug

Anthony Vecchione//February 6, 2019//

Report: Jury orders Takeda to pay Bayer $155M over hemophilia drug

Anthony Vecchione//February 6, 2019//

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A U.S. jury has ordered Takeda Pharmaceutical’s Baxalta unit to pay Bayer AG $155.19 million for infringing a patent related to a Baxalta hemophilia treatment.

According to Reuters, jurors in the federal court in Wilmington, Del., reached their verdict on the seventh day of a trial after rejecting Baxalta’s argument that the June 2016 patent on the treatment, Adynovate, was invalid.

In response to the verdict, Bayer said the infringement arose from Baxalta’s exclusive license agreement with Nektar Therapeutics, a San Francisco-based company that had done research with Bayer and knew about the patent, including through litigation in Germany.

The award covered the period from June 14, 2016, to Nov. 30, 2018. Jurors applied a royalty rate of 17.78 percent to a royalty base of $872.84 million to arrive at the damages award.

Bayer, based in Leverkusen, Germany, has offices in Whippany.

Baxalta was formerly based in Illinois before Shire Plc acquired the company in 2016. Takeda completed an acquisition of Shire for roughly $59 billion last month.

Takeda, according to Reuters, said it was disappointed with the verdict and that it will consider its legal options.

Bayer said it was pleased with the verdict, “which confirms the strength of Bayer’s innovation in hemophilia treatment.”

Hemophilia is a mostly inherited disorder where blood fails to clot properly. It can result in prolonged bleeding after an injury.