Patent infringement

Elan Pharmaceuticals, Inc.

April 14, 2016, our attorneys received an order from Judge Laporte of the Northern District of California awarding longtime client Elan Pharmaceuticals (“Elan”), now Perrigo Company, attorneys’ fees of $3.4 million. The fee award was a follow-on order from Judge Laporte’s 2015 order that found Elan’s case exceptional. Notably, Judge Laporte reduced the amount requested by only $300,000, a considerably small amount relative to the total fees requested.

The attorneys’ fees award relates to a patent infringement case involving early onset Alzheimer’s disease assays and animal models that has been pending since 2010. Our legal team took over the case in early 2011. In 2012, the team obtained summary judgment and a dismissal with prejudice based on collateral estoppel application of lack of standing for deliberate misjoinder of inventors. This had been established in a parallel litigation in the Eastern District of Pennsylvania.

In August 2017, the Federal Circuit affirmed.

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