Takeda, Bayer settle $173m Adynovate suit

Takeda subsidiary Baxalta has agreed to drop its fightback against a $173 million award in favour of  Bayer after an appeals court upheld a patent infringement win for the German conglomerate.

Baxalta and Bayer, as well as the Takeda unit’s co-defendant Nektar Therapeutics, informed the US District Court for the District of Delaware this week that they have reached a settlement in the case.

Bayer originally sued then-Shire subsidiary Baxalta in 2016 over its drug Adynovate, used to treat haemophilia A, which Bayer said infringed its IP. Baxalta lost the case and was ordered to pay a jury’s award of $155 million, as well as additional damages.

The infringement finding was upheld by the US Court of Appeals for the Federal Circuit in March, meaning new Baxalta owner Takeda was then liable for the damages. Baxalta had failed to convince the Federal Circuit in March that Bayer’s haemophilia A patent was either not infringed or invalid for a lack of enablement.

The parties have now reached an agreement whereby Baxalta will waive all rights of appeal. But the settlement also stipulates that Bayer will not take action to enforce the judgment. A Bayer statement said “both sides will be able to continue to market their respective haemophilia products”. The companies will bear their own legal costs, while other terms of the settlement remain confidential.

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