Tuesday, March 1, 2011

Surviving Summary Judgment Insulates Against Request for Attorneys' Fees

Defendants' post-trial motion for attorneys' fees under Section 285 was denied. "[Defendant's] theory is that [plaintiff] should be liable for attorneys' fees because it ultimately lost its infringement claim against [defendant] at trial. . . . [B]ecause [plaintiffs'] action survived summary judgment, it is appropriate to conclude that it was not objectively baseless, and thus, not exceptional for purposes of awarding attorneys' fees."

Astrazeneca AB, et. al. v. Laboratorios Dr. Esteve S.A., et. al.
, 1-03-cv-06057 (NYSD May 19, 2010, Order) (Jones, J.)

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