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Fed. Circ. Upholds $16.8M Fees Award For Takeda

Law360 (December 8, 2008, 12:00 AM EST) -- Takeda Pharmaceutical Co. Ltd. will take home $16.8 million in legal fees after a federal appeals court panel upheld a district court's ruling that generic-drug maker Mylan Laboratories Inc. and subsidiary Alphapharm Pty. Ltd. acted improperly when they challenged Takeda's patent for the diabetes treatment Actos.

In an opinion handed down Monday, the U.S. Court of Appeals for the Federal Circuit ruled that Alphapharm's “Paragraph IV” patent certification was not simply negligent but also baseless and that the company offered a constantly shifting set of arguments...
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