ARTICLE | Company News

Abraxis, Elan cancer, drug delivery news

June 23, 2008 7:00 AM UTC

A jury in the U.S. District Court for the District of Delaware ruled that Abraxis’ Abraxane paclitaxel infringed Elan’s U.S. Patent No. 5,399,363, which covers composition and methods related to surface-modified anti-cancer particles. The jury awarded Elan 6% of Abraxane’s royalties, including royalties on future sales and about $55 million for sales from Jan. 7, 2005 to June 13. In the original 2006 suit, Elan also alleged Abraxis infringed U.S. Patent No. 5,834,025, which covers methods to reduce IV nanoparticle-induced adverse reactions. Elan had sought a “reasonable” royalty on Abraxane sales. Elan withdrew the suit for ‘025 this year due to insufficient claim. The ‘363 patent expires in 2011. Abraxane had sales of $288.3 million in 2007. Abraxis plans to appeal the court’s decision. ...