By Adriano Marchese

 

Vectura Group PLC said Thursday that a court of appeals in the U.S. has upheld a district court ruling on post-trial motions brought on by GlaxoSmithKline PLC over a patent.

The inhaled-medicines specialist said the U.S. Court of Appeals for the Federal Circuit denied the pharma giant's motions for judgment as a matter of law, a new trial on infringement and for a new trial on damages in litigation regarding a Vectura patent in the U.S.

As a result, the company said the original ruling by the District Court of Delaware was upheld.

In July 2016, Vectura filed a patent infringement lawsuit against GSK in Delaware claiming that sales of three of GSK's products infringed certain Vectura formulation patents.

Vectura filed a lawsuit against GSK citing a 2010 agreement under which GSK had taken a license to formulation technology covered by a Vectura patent family, but the licenses expired in July 2016, and GSK declined to accept the option to licenses additional patent families.

In September, among other things, the Delaware court upheld an award of $89.7 million in damages to Vectura dating back to early-May 2019, as well as the continued royalties of 3% on U.S. sales of certain infringing GSK products.

Vectura had previously estimated that damages with interest and accumulated interest could amount to around $200 million, but the precise amount depends on GSK reporting of those infringing products's sales.

 

Write to Adriano Marchese at adriano.marchese@wsj.com

 

(END) Dow Jones Newswires

November 19, 2020 15:25 ET (20:25 GMT)

Copyright (c) 2020 Dow Jones & Company, Inc.
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