A jury from the United States District Court for the District of Delaware delivered a mixed verdict in a patent lawsuit between Jazz Pharmaceuticals Inc and Avadel Pharmaceuticals plc concerning Avadel’s narcolepsy medication Lumryz.
The legal battle resulted in both companies claiming victory on different fronts. Avadel expressed satisfaction with the jury ruling in its favor regarding one of the contested patents.
However, the jury ruled against Avadel concerning another contested patent, favoring Jazz. Seeking Alpha reported that court observers told the outlet on Monday that Avadel’s Lumryz infringes on a patent 782 for Jazz’s Xyrem, with the court determining a royalty payment of 3.5% to Jazz—significantly lower than the 27% royalty Jazz had sought.
Avadel says in a statement that it is “disappointed in the outcome.” “Avadel will vigorously defend its position with the pursuit of all options, including an appeal, to overturn the unfavorable aspect of the jury’s decision upon final entry of the decision by the court,” continues the statement.
Avadel does not expect the jury’s decision to impact the ongoing commercial launch of its once-at-bedtime narcolepsy drug Lumryz, which received US Food and Drug Administration approval last May.
Jazz says in a statement to Sleep Review that it “respects” the jury’s verdict. “As a longtime leader and innovator in sleep medicine, we are focused on helping patients manage their sleep disorders and committed to supporting more patients with serious conditions. Jazz remains confident in the strength of our patent portfolio and will continue to protect our innovation, while growing our diverse product portfolio,” the statement reads.
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