Aug 9 (Reuters) - A federal jury in Delaware said on Friday that Swiss biopharmaceutical company Ferring Pharmaceuticals infringed patents for fecal transplant technology belonging to Finch Therapeutics (FNCH.PK), and the University of Minnesota and should pay $25 million in damages and future royalties.
The jury agreed with Finch that Ferring's fecal-transplant therapy Rebyota infringes patents covering related inventions that Finch licensed from the university.
A spokesperson for Ferring said that the company was disappointed with the verdict and "considering next steps." Spokespeople for Finch did not immediately respond to a request for comment on the verdict.
The U.S. Food and Drug Administration approved Rebyota in 2022 as the first therapy of its kind to treat C. difficile infections, which can cause life-threatening diarrhea. Ferring sued Finch in 2021, seeking a judgment that Rebyota did not violate patents related to a C. difficile therapy that Finch was developing based on the university's patents.
Boston, Massachusetts-based Finch and the university countered with patent infringement claims against Ferring. Finch discontinued work on its C. difficile treatment last year, announcing at the same time that it would lay off 95 percent of its staff.
Ferring argued in the case that its technology worked differently than Finch's and that the three patents at issue in the trial were invalid.
The case is Finch Therapeutics Group Inc v. Ferring Pharmaceuticals Inc, U.S. District Court for the District of Delaware, No. 1:21-cv-01694.
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