Everyday Products: A List of Some of the Largest Patent Awards
Patent lawyers may never be accused of being the coolest people in the room. And patent battles might sound boring, but they can be a huge deal—especially when the products at the center of the fight are everyday items or life-saving drugs. Companies pour massive amounts of money into research and development, so when another company comes along and uses their patented ideas, it’s war. And the damages can be eye-popping. Let’s take a look at some of the largest patent-infringement awards, with the products you probably know at the heart of the disputes. As you will see below, many of these large awards were ultimately overturned, either on appeal or through the Patent Office. This highlights that these large patent awards can be quite difficult to collect.
- Idenix v. Gilead (2016) – $2.5 Billion
Idenix v. Gilead was about the active ingredient in a breakthrough Hepatitis C drug. Idenix, a company owned by Merck, claimed that Gilead’s wildly successful drugs Sovaldi® and Harvoni® infringed Idenix’s patent. Gilead’s drugs made billions of dollars, so when Idenix sued them for patent infringement, the jury returned the largest-ever patent award of $2.54 billion, which included willful infringement. Ultimately, the award was overturned, but it nevertheless caught everybody’s attention when it was handed down.
- Intel v. VLSI (2021) – $2.1 Billion
Intel v. VLSI is one of the more recent massive patent awards. It involved microprocessors, which are ubiquitous in our technology-driven society. VLSI claimed that Intel had used their patented designs in their processors without paying for them. The jury agreed, handing down a $2.18 billion verdict. As with the Idenix award, this award was likewise overturned on appeal.
- Centocor v. Abbott Labs (2009) – $1.6 Billion
The Centocor case centered around Humira®, Abbott’s blockbuster drug for arthritis and other inflammatory conditions. The jury awarded Centocor, a Johnson & Johnson subsidiary, $1.67 billion, which included willful infringement. This award was likewise ultimately overturned on appeal.
- Carnegie Mellon v. Marvell (2012) – $1.5 Billion
Carnegie Mellon v. Marvell was a patent case about a method for accurately reading data off of hard drives. A jury awarded the university $1.54 billion, but public reports indicate that Marvell settled for $750 million after appealing.
- Microsoft v. Alcatel-Lucent (2007) – $1.5 Billion
Remember when everyone was using MP3s? Alcatel-Lucent sued Microsoft over the audio compression tech used in Windows Media Player. The jury initially awarded $1.52 billion, but the ruling was overturned on appeal.
- Samsung vs. Apple (2012) – $1 Billion
Perhaps one of the most famous patent battles is the Apple v. Samsung smartphone war. Apple accused Samsung of copying the look and feel of the iPhone, from the way it looked to how users swiped and pinched the screen. The jury awarded Apple $1.05 billion, though that amount was reduced over the years. Both companies continued fighting until they reached a settlement in 2018, but this case was huge news and set the stage for smartphone patent wars across the globe.
- Monsanto v. DuPont (2012) – $1 Billion
Monsanto v. DuPont was a patent battle about genetically modified crops. Monsanto, famous for its Roundup Ready® soybeans, sued DuPont for their use of Monsanto’s patented seed technology. The jury awarded $1 billion, which included willful infringement. The two agriculture giants eventually settled, with DuPont reportedly agreeing to a licensing deal valued at $1.75 billion over time.
- VirnetX v. Apple (2018) – $502 Million
Apple’s FaceTime and iMessage apps were the focus of this lawsuit. VirnetX claimed that Apple had infringed their secure communication patents. The jury awarded VirnetX $502 million in damages. Ultimately, this award was overturned when the Patent Office invalidated the patents.
- Bristol-Myers & Sanofi-Aventis v. Apotex (2006) – $442 Million
Plavix®, a blood-thinning medication used by millions to prevent heart attacks and strokes, was at the heart of this lawsuit. Bristol-Myers Squibb and Sanofi-Aventis held the patent for Plavix®, and they sued Apotex, a generic drug maker, when Apotex launched a cheaper version in what is referred to as an at-risk launch. The court ruled in favor of the original makers, and the ruling was upheld on appeal, with Apotex reportedly paying $442 million.
These cases show just how high the stakes can be when patents are involved—especially when the products in question are ones we use every day or that can change entire industries. From smartphones to life-saving drugs, patents can be worth billions, and when they’re violated, it can lead to massive courtroom battles.
At NK Patent Law, our talented IP attorneys help clients protect and enforce their rights in patent litigation, trademark oppositions, infringement claims, trade secret violations, and other intellectual property disputes. Put us to work and start harnessing the power of your intellectual property.
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About NK Patent Law
NK Patent Law is an intellectual property boutique serving clients throughout the United States and abroad. We focus on patent preparation and prosecution, trademark preparation and prosecution, and general IP counseling to help businesses navigate complex IP issues and potential disputes. We help startups, established companies, and universities protect their intellectual property and navigate the competitive landscape to protect their valuable intellectual property assets. Visit us at www.nkpatentlaw.com to learn more.