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Ariad v. Lilly
In district court proceedings, Lilly was found liable for infringing Ariad’s U.S. Patent No.
6,410,516 (the '516 patent) by its manufacture and sale of Evista as well as another drug, Xigris.
See Ariad v. Lilly, 560 F.3d 1366 (Fed. Cir. 2009).
In May 2006, the jury awarded Ariad backward-looking damages in excess of $65 million, using a
royalty rate of 2.3% on sales of Evista and Xigris. See Ariad v. Lilly, 529 F. Supp.2d 106, 112, 115
(D. Mass. 2007).
The court awarded Ariad an on-going royalty of 2.3% of sales until the expiration of the ’516
patent. See Ariad v. Lilly, 2007 WL 2712087 (D. Mass. 2007).
Ariad’s ‘516 patent expires on June 25, 2019.
Evista results in approximately $700 million a year in domestic revenue as of 2009 for Lilly.
Xigris results in about $120 million in domestic sales each year for Lilly.
If Ariad wins on appeal, using the court-imposed 2.3% royalty rate for going-forward damages,
Lilly would be liable for approximately $250 million (i.e., 2.3% x ($700mm + $120mm) x 13.1
years). This calculation assumes that Lilly keeps the sales of Evista and Xigris at current prices
and volume through June 2019, which most likely over-estimates the amount at stake, since
Evista and Xigris, at least as currently formulated, will go off-patent before 2019.
Taking into account the $65 million in backward-looking damages, interest, and the net present
value of going-forward damages (using a 5% discount rate), about $250 million in present value
in damages and likely settlement payments is at stake.
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