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The Intellectual Property StrategistLJN NewslettersSections

IP News

By Jeffrey S. Ginsberg and Brooke Hazan
May 02, 2015

Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only

On April 7, 2015, a Federal Circuit panel of Judges O'Malley, Clevenger, and Bryson issued a unanimous opinion, authored by Judge Bryson, in Astrazeneca AB v. Apotex Corp., Case No. 2014-1221. The panel affirmed-in-part the district court's damages award to Astrazeneca AB (Astra) for 50% of Apotex's profits made during the patent term, but reversed Astra's damages award based on Apotex's profits made during the period of pediatric exclusivity, holding that 35 U.S.C. '284 only provides for reasonable royalty damages for patent infringement-based sales as opposed to sales made after a patent expires. See, Slip op. at 31'35.

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