Replies to post #135870 on Biotech Values

[DewDiligence]

Anyone found any examples of monetary damages awarded (or settlement) from an 'at risk' generic launch?

The financial terms in these kinds of settlements are not generally disclosed to the public, but it’s clear that some of them have been large. The Eloxatin case, for instance, was sufficiently lucrative that SNY had to call it out in a qualitative sense to explain why they made more money than Wall Street expected during certain quarters.

Note that the Plavix settlement between BMY/SNY and Apotex is a singular case insofar as there was a secret (and illegal) side agreement to limit the damages if Apotex lost (which is what happened).

Also, don’t forget the Tercica-INSM case (#msg-67891472).

[mouton29]

Unless the CAFC lifts the stay (which seems unlikely since I haven't yet found any instances of that in patent litigation) this will be a precedent.

You have not found any cases in which they stay was lifted, but that may be because you have not found any other cases in which there was a stay.