Takeda v. Mylan and Alphapharm, Nos. 03-8253, 04-1966 (S.D.N.Y. 2006)
Judge Denise L. Cote of the U.S. District Court for the Southern District of New York recently awarded attorneys' fees to Takeda Pharmaceutical Company in a case involving Takeda's blockbuster antidiabetic drug, ACTOS (pioglitazone hydrochloride). Judge Cote previously found Takeda's U.S. Patent No. 4,687,777 valid, enforceable, and infringed by Alphapharm Pty. Ltd. and Mylan Laboratories, both of whom filed ANDAs for generic versions of ACTOS (click here for opinion). Subsequently, Takeda moved for an award of its attorneys' fees, arguing that this was an exceptional case under 35 USC 285.
The court's ruling on attorneys' fees stated that Takeda showed by clear and convincing evidence that Alphapharm and Mylan filed baseless Paragraph IV certifications. Specifically, the Court found that "Alphapharm’s certification, which asserted invalidity due to obviousness, was deeply flawed and Alphapharm revised its theory again and again in a futile effort to state a prima facie case of obviousness." The Court further found that "Mylan completely abandoned its Paragraph IV theory of invalidity and proceeded to trial on a contorted claim that Takeda had engaged in inequitable conduct before the Patent and Trademark Office." The Court stated that both Alphapharm and Mylan also engaged in other exceptional litigation misconduct.
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