$16.8 Million Attorneys' Fees Award Affirmed

Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., [2007-1269, -1270] (December 8, 2008) [LOURIE, Rader, Bryson] The Federal Circuit affirmed attorneys fees awards for to Takeda of $11,400,000 from Mylan and $5,400,000 from Alphapharm, with interest.
DISCUSSION: 35 U.S.C. § 285 provides that a trial court “in exceptional cases may award reasonable attorney fees to the prevailing party.” The decision to award attorney fees is within the discretion of the trial judge, but the conclusion that a case is exceptional is a finding of fact reviewable only for clear error. The Federal Circuit also affirmed the award of Expert Fees, noting that a district court may invoke its inherent power to impose sanctions in the form of reasonable expert fees in excess of what is provided for by statute.