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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 22, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):386-387; doi:10.1093/jiplp/jpp057
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Takeda entitled to fees based, in part, on baseless certifications

Lisa Pensabene and Joshua Rothman
Fitzpatrick, Cella, Harper & Scinto, New York
Email: jrothman{at}fchs.com

Takeda Chem. Indus., Ltd., v Mylan Labs., Inc., 549 F.3d 1381 (Fed. Cir. 2008), Federal Circuit Court, United States, 8 December 2008

The Federal Circuit affirmed the trial court's award to a plaintiff of over US$16 m in attorney fees based on baseless invalidity and unenforceability defences asserted by the defendants not just at trial, but also in their Notices of Paragraph IV certifications.

Correspondence: Email: lpensabene{at}fchs.com


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