Judges Mull Whether Word 'Random' Kills Bayer Patent Win

Law360 (August 31, 2020, 8:12 PM EDT) -- Federal Circuit judges looked hard Monday at whether a Delaware jury mistakenly leaned on the word "random" when deciding last year that a Takeda unit had infringed Bayer's rights to a hemophilia treatment, leading to a $155 million patent infringement verdict.

Baxalta Inc. took its case to the appeals court because it contended that a federal judge had erred by coming up with his own construction of the patent held by Bayer Healthcare LLC, and then neglecting to explain what he meant to the jury. The patent covers a series of hemophilia medications, including Bayer's Kogenate, Kogenate FS and Kovaltry.

Baxalta's development of its...

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