Applera Wins Fees In Calif. Appeal Over DNA Patent

Law360, New York (May 1, 2009, 12:00 AM EDT) -- A California appeals court has ruled that Applera Corp. is entitled to attorneys' fees after winning more than $1 million in damages for MP Biomedicals LLC's alleged failure to pay royalties under a patent licensing agreement because under Swiss law — the choice of law mandated in the agreement — the prevailing party receives fees.

The Fourth Appellate District for the Court of Appeal for the State of California overturned the trial court's decision that to apply the so-called English standard found in Swiss law "would...
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