Ruling on post-trial motions in a case in which a jury found in May 2019 that GSK had willfully infringed on a Vectura patent covering Ellipta, the presiding judge has upheld the jury’s award of $89.7 million in damages to Vectura and has added an additional $10.5 million in damages based on GSK’s continued infringement.
The original award was based on 3% royalties on US sales of Breo, Anoro, and Incruse Ellipta from August 2016 through December 2018; the supplemental award adds 3% of sales of Ellipta products from January 1, 2019 to May 16, 2019.
The judge also ruled that GSK is responsible for paying 3% on ongoing US sales of the products in question until the patent expires in mid-2021 as well as pre-judgment interest, which is calculated at approximately $6.7 million, and post-judgment interest, which will accrue until GSK pays Vectura. In addition, the judge denied a number of GSK motions, including motions for a new trial and for a reduction in the damages awarded by the jury. GSK can appeal.
Vectura’s Chief Financial Officer and Interim CEO Paul Fry commented, “The judge’s post-motions ruling further validates Vectura’s original decision to pursue this action with GSK. We will always take action to protect and defend our intellectual property and we will provide further updates on this matter in due course.”
Read the Vectura press release.
