Claims of Prejudice and Unfair Tactics
According to Nexus, Exela tainted the trial by making “aggravated and persistent” accusations that Nexus concealed data from the U.S. Patent and Trademark Office — claims that Nexus calls “prejudicial and misleading.”
The company maintains that these tactics, combined with Exela’s failure to counter Nexus’s proof of licensing agreements validating its patents, justify a new trial.
Exela Strikes Back
Exela, in its own motion filed the same day, sought to solidify the jury’s decision — asking the court to formally declare that it did not infringe Nexus’s patents and that all remaining claims are invalid.
Calling Nexus’s lawsuit a “windfall hunt,” Exela said the patents cover a century-old drug long used for treating anesthesia-related hypotension.
“The jury saw Nexus for what it was — a company trying to get a windfall payday to the detriment of patient costs,” Exela stated, noting that Nexus’s $89 million damages claim was rightly dismissed.
Legal Teams and Next Steps
Nexus is represented by attorneys from ArentFox Schiff LLP and Richards Layton & Finger PA, while Exela’s defense is led by Fish & Richardson PC and Chintapalli Law Firm PLLC.
The Delaware court’s forthcoming decision on the Nexus New Trial request could redefine how pharmaceutical patent challenges unfold in an era of escalating competition and innovation.
