TWi Must Pay Fees After Ignoring Court Warnings In IP Row

Law360 (July 1, 2019, 5:49 PM EDT) -- TWi Pharmaceuticals must foot part of Supernus Pharmaceuticals' legal bills after relying on a position that was "squarely at odds with the evidence presented" at a patent infringement trial, a New Jersey federal judge has ruled.

U.S. District Judge Renee Marie Bumb said TWi had been explicitly warned not to make a specific argument about its proposed generic version of Supernus' epilepsy medication Oxtellar XR, but it did so anyway. She declared the case exceptional and granted fees on June 18, and a redacted version of her opinion was made public Thursday by TWi.

"In this court's experience, it is, indeed,...

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