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Intellectual Property Law

: Orange Book Blog: At the Intersection of Patent Law and FDA Law

Cephalon Ordered to Pay Anchen's Attorney Fees for Maintaining Suit Despite Having No Evidence of Infringement

By Aaron Barkoff

In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, No. 09-MD-2118-SLR (D. Del.) Under 35 U.S.C. § 285, a court may, in "exceptional cases," award attorney fees to the prevailing party.  In an Order filed on January 12th, the district court presiding over the ANDA litigation involving AMRIX granted Anchen's motion for attorney fees, concluding that Cephalon's decision to maintain its suit against Anchen after it knew that Anchen's ANDA pro read more

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Full post as published by Orange Book Blog: At the Intersection of Patent Law and FDA Law on January 22, 2012 (boomark / email).

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