The pharmaceutical company Takeda may not have expected to acquire a large liability when it bought the drug company Shire. However, the new owner of Shire has been forced to pay $155 million to Bayer over a patent infringement lawsuit.
Bayer initially filed the case against a unit of Shire, Baxalta, in 2016. Now that the Japanese pharmaceutical company, Takeda is the owner of Shire and will be the one to pay the patent infringement verdict related to the “520 patent” now owned by Bayer. They acquired the patent in June 2016.
The patent infringement conflict related to Baxalta’s use of recombinant Factor VIII technology in a hemophilia drug. The jury decided that Baxalta infringed on all four of Bayer’s claims. The court eventually decided on $155 million as a reasonable amount of royalties to pay.
According to Takeda, this was not the result they were hoping for in the litigation. A spokesperson for the drug giant said, “Takeda has a history of serving the hemophilia community and will continue to work diligently to ensure that the needs of patients are, and will continue to be met.”
Takeda tried to assert during litigation that Baxalta and Nektar Therapeutics had reached a licensing deal — and that Nektar had partnered with Baxalta and Bayer at the same time regarding hemophilia drugs. The jury didn’t agree.
Sometimes patent lawsuits can relate to a small matter of infringement. Other times it relates to hundreds of millions of dollars in damages. No matter what kind of case your company is dealing with, a skilled intellectual property lawyer can help you get a better perspective on the issue.