Missed Appeal Costs HEC $50 Million in Gilenya Drug Patent Case

Failure to appeal the cancellation of a preliminary injunction bond cost HEC Pharm Co. its chance to recover $50 million in a patent dispute it ultimately won over HEC’s copy of Novartis AG’s blockbuster multiple sclerosis drug Gilenya, a federal judge ruled.

Judge Kent A. Jordan’s decision, issued Tuesday in the US District Court for the District of Delaware, denied HEC’s motion for recovery of damages. The opinion stems from a complex legal battle over the infringement of US Patent No. 9,187,405, which covers Gilenya’s dosage regimen. Jordan found the patent valid and infringed after a bench trial, ...