Nexus Pharmaceuticals has filed a motion urging a Delaware federal judge to order a new trial on its patent infringement claims against Exela Pharma Sciences, arguing that a September jury verdict clearing Exela ran “against the great weight of evidence.”
In its Wednesday filing, Nexus contends that the jury’s decision — which found one of its patent claims invalid as obvious — lacked sufficient evidentiary support and was tainted by prejudicial accusations from Exela. The company has requested judgment as a matter of law or, alternatively, a complete retrial.
A Patent War Over Hypotension Drugs
The dispute centers on three Nexus patents tied to its Emerphed injection, used to treat low blood pressure (hypotension) in anesthetized patients. Nexus accused Exela of infringing these patents through its Akovaz prefilled syringe product.
But the September jury rejected Nexus’s infringement allegations on two patents and ruled the third’s key claim invalid for obviousness — a blow to the Illinois-based pharma firm.
Nexus argues that Exela’s case rested solely on a single expert’s opinion and a broad pharmaceutical textbook, accusing its rival of a “hindsight-driven seek-and-find” that cherry-picked evidence from scattered pages to create an illusion of obviousness.
