Journal Article

Takeda entitled to fees based, in part, on baseless certifications

Lisa Pensabene and Joshua Rothman

in Journal of Intellectual Property Law & Practice

Volume 4, issue 6, pages 386-387
Published in print June 2009 | ISSN: 1747-1532
Published online April 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp057
Takeda entitled to fees based, in part, on baseless certifications

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The Federal Circuit affirmed the trial court's award to a plaintiff of over US$16 m in attorney fees based on baseless invalidity and unenforceability defences asserted by the defendants not just at trial, but also in their Notices of Paragraph IV certifications.

Journal Article.  855 words. 

Subjects: Arbitration ; Intellectual Property Law

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