On November 26, 2018, visiting Judge Bataillon in the District of Delaware issued a judgment in favor of The Washington University in St. Louis and against Wisconsin Alumni Research Foundation (WARF) for breach of contract. WashU was awarded damages of $31.6 million for underpayment of royalty income under the parties’ inter-institutional license agreement (IIA). The litigation arose from a dispute between WashU and WARF about the relative value of different patents and allocation of royalties to those patents under the terms of the IIA.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...