GSK ordered to pay Vectura $89.7m in patent damages
British drugmaker Vectura has succeeded in its patent litigation against fellow UK pharmaceutical company GlaxoSmithKline (GSK) over a series of drugs delivered through GSK’s ‘Ellipta’ dry powder inhaler.
After a jury trial at the US District Court for Delaware, GSK was found to have wilfully infringed Vectura’s patent (US number 8,303,991) with three of its Ellipta products; Breo (fluticasone furoate and vilanterol), Anoro (umeclidinium and vilanterol) and Incruse (umeclidinium bromide).
The powders are used to treat asthma and chronic obstructive pulmonary disease.
The jury awarded damages of $89.7 million for the period from August 2016, when Vectura’s amended complaint was filed, to December 2018, based on a calculation of 3% of US sales of these products.
In a statement issued by Vectura on Friday, May 3, the company said that it “expects to seek application of the 3% royalty to the sales of the infringing products through the end of the patent term in mid-2021”.
As the jury also found that GSK had wilfully infringed Vectura’s patent, Vectura has the right to seek enhanced damages.
James Ward-Lilley, Vectura CEO, said that “although we regret the need to take a longstanding partner to court, we are pleased with the jury’s verdict which confirms the validity of our IP and the decision to progress this action with GSK”.
In its complaint, Vectura had said that GSK’s Breo, Anoro and Incruse powders contained the pharmaceutical composition claimed by the ‘991 patent.
The three drugs in question are powders to be used with the Ellipta inhaler.
The patent covering the drugs was not included in a US licence agreement between the two companies, Vectura said.
“Vectura and GSK had entered into an agreement in 2010 under which GSK had taken a licence to formulation technology covered by a Vectura patent family. These licensed patents expired in July 2016. At this time GSK had the option to license additional patent families under the original agreement but declined to do so, resulting in the filing of the lawsuit by Vectura,” said a press release from Vectura.
GSK has the option to appeal the decision.
In a statement sent to LSIPR, a GSK spokesperson said that the company was disappointed by the jury’s decision and was considering all options, including an appeal.
"We continue to believe that we lived up to our licensing agreements in this case," the spokesperson said.
They added: "This case was unrelated to the safety, efficacy, quality or availability of GSK’s Anoro, Breo and Incruse Ellipta products."
In December 2018, LSIPR reported that the English High Court had ruled that Ellipta did not infringe three of Vectura’s UK patents, which the court said were invalid.
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