In the suit, Elan claimed that Abraxis infringed upon two of its patents 5,834,025 and 5,399,363, asserting Abraxane uses technology protected by Elan-owned patents.
Elan later withdrew its claim that Abraxis infringed its 025 patent. The jury ruled that Abraxis has infringed upon Elan’s 363 patent, which runs until 2011, and awarded Elan $55 million in damages for sales of Abraxane to date.
The company said it is disappointed by the jury ruling in this complex patent litigation and intends to pursue post-trial motions and appeal the judgment of the district court.