Posts Tagged: "Bayer Healthcare LLC v. Baxalta Inc."

Jury May Pick Royalty Rate from Range Offered in Expert Testimony

Earlier this year, the Federal Circuit issued a precedential decision in Bayer Healthcare LLC v. Baxalta Inc. in which the court affirmed rulings from the District of Delaware finding that Baxalta’s hemophilia treatment Adynovate infringes patent claims owned by Bayer, that the asserted claims were enabled, and that Baxalta did not commit willful infringement as a matter of law. Relating to the question of damages, the court explained that an expert need not select a specific royalty rate for the jury to adopt, and that a jury may adopt any royalty rate within the range offered during testimony by the expert provided the methodology used by the expert is sound.