Altana, Sun Squabble Over Discovery Motions

Law360 (May 22, 2007, 12:00 AM EDT) -- Drug companies Altana Pharma AG and Sun Pharmaceutical Industries Ltd. traded barbs on Monday over whether Altana could assert an exceptional case claim in an ongoing battle over Protonix’s ulcer treatment patent.

An exceptional case claim would basically contend that Sun was willfully infringing Altana’s patent and could possibly award Altana attorneys’ fees as part of the relief granted in the final decision.

Two weeks ago, Sun filed a motion to completely dismiss Altana’s exceptional case claims or produce evidence, in the form of attorneys’ bills,...
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