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Sidley Austin

Sidley Austin Allows for a Rare $155 M Jury Verdict for a Biotech Patent

Sidley Austin is a general practice law firm that is based in the United States. It has a focus on transactional and litigation matters. It has a history which goes all the way back to 1866 when the firm was first formed in Chicago.

The first clients of the firm were former lady Mary Todd Lincoln and the Pullman Company. In the recent biotech case, a rare $155 M jury verdict had been reached. Normally, complex biotech cases usually do not go for a jury trial. However, one of Delaware's largest-ever patent damages awards to date shows just how it is possible to win as mentioned by Sidney's Ching-Lee Fukuda, Sona De and Jim Badke.

On 04/02/2019, following the 6 day trial, the Delaware jury was found to be in favor of BH throughout the biotech patent case which had been filed for infringement in opposition to Adynovate Baxalta's hemophilia drug which is thought as a critical product of Baxala in order to maintain a competitive position in the market.

The jury had concluded that all the asserted claims of Bayer's patent were valid and had been infringed by Adynovate. The case was one in which no fact was left out.

Baxalta had continuously argued that the patent had not infringed. However, it lacked unexpected results and the company had failed to teach how it derived the invention. Hence, the jury awarded Bayer more than $155 M in damages for part infringement sales and manufactures by applying a royalty rate of 18 percent of the net sales of the company. This lead to a significant outcome in terms damages and liability for the company to pay off.

The complex aspects of biotechnology and protein chemistry were looked into. Usually, even though juries do decide the patent infringement suits, the cases which involve pharmaceutical drugs are normally tried to the bench. It is one of the few biotech patent cases out there, which has been decided by a jury.

Although, the case involved scientific principles which are more complex than juries would normally encounter in a patent suit, the jury had provided a verdict. The damages awarded to the company, is one of the 10 largest patent verdicts in Delaware.

Sidney Austin had ensured that all the scientific facts were conveyed to the jury in such a way that the jury was able to come to a verdict. It is a huge case for the prestigious law firm and its attorneys have proven why Sidney Austin is truly one of the best law firms in the region.

Patent Cases

Normally, patent issues do not involve such huge damages but since the company had proven that the infringement had truly caused great loss to the company, it was able to justify the damages claimed. This only comes to show that patent cases are worth millions of dollars and companies should truly look into their patent work to ensure that it is protected by the law.