Abraxis Appeals $55 Million Patent Infringement Judgment

A federal jury awarded neuroscience-based biotech Elan Pharma International $55.2 million and a 6 percent royalty rate in its patent infringement suit against Abraxis BioScience, which said it would appeal. A recent ruling in the U.S. District Court for the District of Delaware found that Abraxis’ metastatic breast cancer treatment Abraxane (paclitaxel protein-bound particles for injectable suspension) (albumin-bound) infringes on Elan’s ’363 patent. The damages cover the period from January 2005, when the FDA approved Abraxane, to date. The jury also found that “the infringement is not willful.” Abraxis said it is “disappointed by the jury ruling in this complex patent litigation and feels confident as it proceeds to appeal in this matter.” By Ms.Bobby Aanand, Metropolitan Jury.

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