Abraxis to Appeal Jury Ruling on Abraxane Patent Infringement Claim

Abraxis BioScience announced that it will appeal the jury ruling in the U.S. District of Delaware that Abraxis has infringed upon a patent owned by Elan. In the suit, Elan claimed that Abraxis infringed upon Elan's patent 5399363. The jury ruled that Abraxis has infringed upon Elan's ‘363 patent, which will expire in 2011, and awarded Elan $55 million in damages for sales of Abraxane(R). The company announced it is disappointed by the jury ruling in this complex patent litigation and feels confident as it proceeds to appeal in this matter. Abraxis will pursue post-trial motions and appeal the judgment of the District Court.