Thursday, April 1, 2010

AstraZeneca Ordered to Pay Attorneys' Fees For "Baseless" Suit to Protect Prilosec OTC

Defendants' motion for attorneys' fees under Section 285 was granted. "It was obvious from very early on that plaintiffs had brought and were maintaining this lawsuit in a desperate effort to keep any competing product from hitting the shelves -- even if the competing product was not an infringing product. For choosing that bad faith business strategy, and for cluttering a busy court with work that should never have had to be done, [plaintiffs] should pay the full measure of the fees and expenses incurred by defendants in getting rid of [plaintiffs'] baseless lawsuit."

AstraZeneca AB et al. v. Dr. Reddy's Laboratories, Ltd. et al., 1-07-cv-06790 (NYSD March 30, 2010, Decision & Order) (McMahon, J.)

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