Court Will Not Award Fees To Roxane In Patent Spat

Law360, New York (April 14, 2008, 12:00 AM EDT) -- An appeals court has turned down Roxane Laboratories Inc.'s request for attorneys' fees in a patent lawsuit brought by Par Pharmaceuticals Inc. over two patents covering an appetite stimulant product.

A district court found the asserted claims of those patents invalid in 2006.

“Roxane has failed to establish by clear and convincing evidence that Par withheld from, or misrepresented to, the PTO material information with the intent to mislead the PTO,” said Judge Dickinson Debevoise, of the U.S. District Court for the District of New Jersey....
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