A trend? Following up on yesterday’s post about the camera and Medtronic cases: “A three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Monday upheld an attorney fee award of nearly $17 million because of baseless filings and bad faith patent litigation by two drug companies. A district court awarded the fees to Takeda Chemical Industries, which had sued two generic drug companies — Mylan Laboratories and Alphapharm Pty. Ltd. — for patent infringement. …The district court agreed with Takeda that both companies lacked a good faith basis for their certification filings and had engaged in litigation misconduct.” (Marcia Coyle, “Panel Upholds $17M Attorney Fee Award, Cites Bad-Faith Patent Litigation by Drug Companies”, National Law Journal, Dec. 9).
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