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The U.S. Federal Circuit Court of Appeals in Washington, D.C. reinstated a 2017 jury verdict ordering Teva Pharmaceutical Industries Ltd to pay $235.5 million to GlaxoSmithKline Plc for selling a generic version of a heart drug, covered by the latter's patent.
In a 2-1 decision, the appeals court found “substantial evidence” that Teva induced doctors to prescribe its generic tablets.
Israeli drugmaker Teva plans to appeal and introduce additional defenses that it neither infringed nor induced doctors to infringe Glaxo’s patent.
The case arose after Teva began selling a generic version of Coreg, which Glaxo had won U.S. approval for, in 2007.
Coreg treats hypertension, left ventricular dysfunction after a heart attack, and congestive heart failure.
In 2017, a Delaware jury ordered the to pay $234.1 million for lost profit plus $1.4 million in royalties.
US District Judge Leonard Stark overturned the verdict due to other factors that could have caused doctors to prescribe Coreg.
But Circuit Judge Pauline Newman said Teva's promotional materials, product catalogs, the FDA labels, press releases, and witness testimony supported allegations of “induced infringement.”
