Vectura has won the U.S. GlaxoSmithKline patent litigation trial and has been awarded $89.7million in damages.
Vectura filed a patent infringement lawsuit against GSK In July 2016, claiming that GSK infringed a patent covering three important GSK medications used to treat chronic obstructive pulmonary disease and asthma. This was after the companies entered into an agreement in 2010 under which GSK had taken a license to formulation technology covered by a Vectura patent family.
Following a trial in the US District Court for the District of Delaware, it was ruled by a jury that Vectura’s US patent 8303991 was infringed by US sales of three of GSK’s Ellipta products and Vectura should be awarded $89.7 million in damages for the period from August 2016 through December 2018 (based on a calculation of 3% of US sales of these products).
The jury also found GSK’s infringement to be wilful, meaning Vectura can enhanced damages. GSK has the option to appeal the decision.