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Plexxikon Inc. v. Novartis Pharms. Corp.

Plexxikon Inc. v. Novartis Pharms. Corp.

United States District Court for the Northern District of California

September 29, 2022, Decided; September 29, 2022, Filed

Case No. 17-cv-04405-HSG

Opinion

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR JUDGMENT AS A MATTER OF LAW; DENYING MOTION FOR ENHANCED DAMAGES; AND GRANTING MOTION FOR ONGOING ROYALTIES AND INTEREST

Re: Dkt. Nos. 545, 554, 559, 582, 585, 586

Pending before the Court are the parties' post-trial motions, following an eight-day jury trial. Plaintiff Plexxikon Inc. and Defendant Novartis Pharmaceuticals Corporation each moved for judgment as a matter of law during the trial. See Dkt. Nos. 545, 554, 559. The jury returned its verdict, finding that Novartis willfully infringed each of the asserted claims of the U.S. Patent Nos. 9,469,640 ('640 Patent) and 9,844,539 ('539 Patent); that the asserted claims were not invalid; and that Plexxikon was entitled to damages of $177,792,640.01.

Novartis renewed its motion following the trial, and in the alternative, moved for a new trial or remittitur. See Dkt. No. 582. Plexxikon, as the prevailing party at trial, moved for enhanced damages and for ongoing royalties. See Dkt. Nos. 585, 586. The Court finds these matters [*3]  appropriate for disposition without oral argument and the matters are deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court TERMINATES AS MOOT Plexxikon's motion for judgment as a matter of law, Dkt. No. 554; GRANTS IN PART and DENIES IN PART Novartis' motions for judgment as a matter of law, Dkt. Nos. 545, 559, 582; DENIES Plexxikon's motion for enhanced damages, Dkt. No. 585; and GRANTS Plexxikon's motion for ongoing royalties and interest, Dkt. No. 586.

I. MOTIONS FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR NEW TRIAL

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2022 U.S. Dist. LEXIS 177928 *; __ F.Supp.3d __; 2022 WL 4591792

PLEXXIKON INC., Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant.

CORE TERMS

patent, infringement, argues, compounds, inventors, invention, email, ongoing, royalty, genus, enhanced damage, corroborate, willfulness, invalidity, damages, specification, royalty rate, variables, urges, synthesized, suggests, sales, asserted claim, parties, skill, quotation, molecule, scaffold, kinase, motion for judgment as a matter of law

Civil Procedure, Trials, Judgment as Matter of Law, Alternative Motions for New Trials, Postverdict Judgment, Preverdict Judgment, Judicial Officers, Judges, Discretionary Powers, Evidence, Weight & Sufficiency, Judgments, Relief From Judgments, Motions for New Trials, Patent Law, Invention Date & Priority, Conception Date, Types of Evidence, Circumstantial Evidence, Invention Date Corroboration, Originality, Joint & Sole Inventorship, Reduction to Practice, Nonobviousness, Elements & Tests, Ordinary Skill Standard, Specifications, Description Requirement, Standards & Tests, Jury Trials, Province of Court & Jury, Governments, Courts, Authority to Adjudicate, Utility Requirement, Fact & Law Issues, Proof of Utility, Enablement Requirement, Scope of Enablement, Remedies, Damages, Increased Damages, Infringement Actions, Infringing Acts, Intent & Knowledge, Inferences & Presumptions, Inferences, Burdens of Proof, Preponderance of Evidence, Infringer's Profits, Measure of Damages, Business & Corporate Compliance, Patent Law, US Patent & Trademark Office Proceedings, Reexamination Proceedings, Appeals, Patentholder Losses, Reasonable Royalties, Collateral Assessments, Prejudgment Interest