When brand-name drug companies go to court, it’s usually to fight with a generic competitor. But that’s changing. More than ever before, brand-name drug companies are bringing patent cases against each other. Patent litigators say the “brand vs. brand” trend is here to stay, so legal departments may need to rethink some strategies.
The most recent court fight between brand-name drug companies kicked off on Dec. 5 when Bayer sued Baxalta Inc., alleging that Baxalta’s blood clotting treatment Adynovate infringes one of its patents. According to Bayer’s complaint, Baxalta improperly used technology developed by a former Bayer collaborator, Nektar Therapeutics, which is also a named defendant.
