United States Federal Circuit

In a suit over alleged infringement of a patent for the anti-diabetic drug pioglitazone, a finding that the case was exceptional and award of attorney's fees is affirmed where there was no clear error in findings that defendants had engaged in misconduct and had submitted baseless Paragraph IV certification letters.

Appellate Information

• Decided 12/08/2008
• Published 12/08/2008

Judges

• Before LOURIE, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas C. Goldstein, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for amicus curiae.   With him on the brief was Christopher M. Egleson.


• For Appellees:
  
• David G. Conlin, Edward Angell Palmer & Dodge LLP, of Boston, MA, argued for plaintiffs-appellees.   With him on the brief were Barbara L. Moore, Kathleen B. Carr, and Adam P. Samansky;  and Anthony J. Viola and Andre K. Cizmarik, of New York, NY., William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendants-appellants Mylan Laboratories, Inc., et al.   With him on the brief were Christine J. Siwik and Alice L. Riechers., Edgar H. Haug, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendants-appellants Alphapharm Pty., Ltd., et al.   With him on the brief were Kevin Murphy and Jeffrey A. Hovden.