It is very unusual for a single patent to be so valuable, and it is probably only so in the pharmaceutical space.
But how so valuable?
When we are talking about a product that uses the patent achieving $7bn sales each year (and projected to earn another $50bn in the next 5 years) then it gets really interesting. This is where the patent attorneys and litigators really earn their crust.
So Gilead lost to GSK in a 4 year long patent battle, Gilead were found to use GSK’s US patent 8,129,385 in their own HIV treatment.
GSK and Gilead agreed a damages settlement of $1.25bn and a running royalty of 3% of sales, likely to generate another $1.5bn before the patent expires in Autumn 2027.
A former CEO of GSK once said his patent attorneys were the most valuable players on his team, with a settlement like this it is easy to see why.
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Author: John Pryor Exalt IP