As appeared in Thomson Reuters’ “Alison Frankel’s ON THE CASE” Column
A judge in the Pfizer v. Teva Pharmaceuticals patent case awarded attorney fees to Pfizer. According to Kaye Scholer Partner Aaron Stiefel, the ruling sends a message about the consequences of asserting an unfounded inequitable conduct claim.
“This should have something of a chilling effect,” he said.
Referring to the exception for egregious misconduct, in the Therasense case, apparently relied upon by the opposing party Teva Pharmaceuticals, Stiefel added, “You can’t just say, ‘We’re within the exception and we have a right to litigate this.’”
Stiefel explained that such a broad interpretation of the Therasense exception would have undermined the Federal Circuit’s objective of curtailing dubious misconduct allegations.
As to whether he is worried about a Federal Circuit review of the award, Stiefel concluded, “Reading Therasense, you would think the Federal Circuit would appreciate [the judge’s] decision.”
Also of Interest
- What’s Really Remarkable about the Appeals Court Ruling on the CFPB October 20, 2016 • Articles
- Maier Plans Emergency Response with Fort Meade and Fort Detrick Commanders October 20, 2016 • Client Successes
- Winning the War: Strategies for Prevailing in Consumer Fraud and False Advertising... October 17, 2016 • Articles
- Kaye Scholer Clients Achieve Nearly Full Recovery in Arch Coal Chapter 11 Proceeding October 14, 2016 • Client Successes
- 3D Printing: New Legal Issues Emerge with the Technology’s Revolutionary Potential October 10, 2016 • Articles
- Consumer Products in the Age of Big Data October 4, 2016 • Articles
- Antitrust Jurisprudence in the Second Circuit October 1, 2016 • Articles
- And Now A Word From The Panel: 3 Alternatives To MDLs September 28, 2016 • Articles
- Kaye Scholer Represents Investors in Volkswagen Diesel Emissions Litigation September 28, 2016 • Client Successes