Eli Lilly Loses $10M Fee Bid Over Genentech's Dropped IP Suit

Law360 (March 23, 2021, 10:40 PM EDT) -- A California federal judge on Tuesday rejected Eli Lilly & Co.'s bid for $10 million in attorney fees alleging Genentech Inc. dragged out litigation before dropping its patent suit over a psoriasis drug while noting Genentech unreasonably failed to tell the USPTO about a Federal Circuit decision weakening its claim to patent protection. 

U.S. District Judge Janis Lynn Sammartino said that taken all together, the case was not so exceptional as to warrant such an award, noting that it's an unusual case because a decision in Amgen Inc. et al. v. Sanofi et al., which weakened Genentech's case, came while its...

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