On June 4, the Federal Circuit issued a precedential decision holding that § 285 under the Patent Statute is inapplicable for awarding attorneys’ fees to the prevailing party in a proceeding for inter partes review. The case is Amneal Pharmaceuticals, LLC v. Almirall, LLC, Case No. 2020-1106 (Fed. Cir. Jun. 4, 2020). While the Court’s decision dispenses rather cleanly with the possibility of collecting fees for prevailing in an IPR, the Court nonetheless left open the door to collecting fees if the IPR is intimately tied to a pending parallel district court case. How much does that matter?
Read MoreMorphosys’ ($MOR) patent trial against Janssen ($JNJ) and Genmab was headed for trial in February. In advance of that trial, however, the parties traded numerous summary judgment motions. On January 26, Genmab announced that the District Court granted its motion to invalidate the asserted patents. What happens next?
Read MoreA recent precedential decision from the Federal Circuit sheds important light on how the Court views attorneys fees in patent cases.
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