Patent Infringement Judgment Entered Against Perrigo for its Sales of Generic Pepcid Complete Resulting in Over $10 Million in Damages

Editors: John Sganga, Joseph Cianfrani and Boris Zelkind

Judgments and Awards

On August 23, 2017, a Massachusetts federal district court entered a second amended final judgement in favor of Brigham and Women’s Hospital, Inc., and Investors Bio-Tech, L.P., against Perrigo Co., finding the asserted patent that protected Pepcid Complete® had been infringed by Perrigo’s sale of a generic product and the patent had not been proven invalid. The final judgement was in accord with a jury verdict of December 14, 2016 where the jury found infringement and awarded damages of over $10 million dollars, the full amount requested. The damages amounted to 3.5 cents per infringing tablet, which was approximately 18% of the sales price of the accused tablets. The jury had also found willful infringement, however, the district court held the plaintiffs were not entitled to attorneys’ fees or enhanced damages.