Abraxis to appeal ruling on Elan patent

Abraxis BioScience says that it intends to appeal the jury ruling in the US District Court for the District of Delaware that the company has infringed a patent owned by Ireland-headquartered Elan. In the suit, Elan claimed that Abraxis infringed on two of its patents, 5,834,025 and 5,399,363, asserting Abraxane (paclitaxel protein-bound particles for injectable suspension; and albumin-bound) uses technology protected by Elan-owned patents.

The Irish firm withdrew its claim that Abraxis infringed its 025 patent. The jury ruled that the US company has infringed Elan's 363 patent, which runs until 2011, and awarded the drugmaker $55.0 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 feels confident as it proceeds to appeal in this matter. Abraxis says it will pursue post-trial motions and appeal the judgment of the District Court.