Jun 9, 2020

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Amneal Pharmaceuticals LLC v. Almirall, LLC, Appeal No. 2020-1106 (Fed. Cir. June 4, 2020)

In the Federal Circuit’s only precedential case this week, the Court addressed issues relating to attorneys’ fees and costs on appeal pursuant to 35 U.S.C. § 285. This was the first time the Court has addressed the applicability of Section 285 to appeals from IPRs.

Almirall sought such an award after Amneal voluntarily dismissed its appeal of a final written decision issued in an inter partes review proceeding on a patent that was later at issue in a related Hatch-Watchman district court litigation.