C&D Denied Fees In $29M Abbott Pregnancy Test Suit

Law360, New York (July 9, 2009, 12:00 AM EDT) -- Church & Dwight Co. has lost a bid to recover attorneys’ fees from Abbott Laboratories following a $29.2 million verdict of infringement against the drugmaker over patents for home pregnancy tests.

Judge Garrett E. Brown Jr. of the U.S. District Court for the District of New Jersey ruled Wednesday that C&D was not entitled to attorneys' fees even though the plaintiff contended that evidence presented a high likelihood of willful infringement.

“Although this court upheld the jury’s verdict that Abbott’s infringement was willful, under such circumstances...
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