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$1.9 Million Awarded to Defendants for Caesar Rivise Attorneys’ Fees in Exceptional Case

Posted on May 22, 2017 in News

In the case of Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc., InvaGen Pharmaceuticals Inc., Civil Action No. 14-4042 (D.N.J.), the Honorable Stanley R. Chesler issued an Order on May 18, 2017 granting defendants’ motion to declare the case exceptional pursuant to 35 U.S.C. § 285, and ordering plaintiff to pay attorneys’ fees in the amount of $1,983,420.60 to defendants. In confirming the reasonability of the attorneys’ fees billed by Caesar Rivise, PC as counsel for defendants, Judge Chesler pointed out that the average hourly billing rate for Caesar Rivise partners working on the case was less than the publicly reported average hourly billing rate for associates of the Am Law 100 general practice firm representing plaintiff, a point first made by defendants which seriously undercut plaintiff’s arguments that having partners perform much of the work in the case resulted in unreasonably high charges.

The award of fees is the latest in a series of victories for the defendants in this case.  Defendants previously succeeded in having the case transferred from Ohio to New Jersey, defeated Roxane’s motion for a preliminary injunction, and succeeded in having their construction of the claims adopted by the Court. Defendant’s claim construction was affirmed on a first appeal by the Court of Appeals for the Federal Circuit in Roxane Labs., Inc. v. Camber Pharms., Inc., 596 Fed. Appx. 922 (Fed. Cir. 2015) and on a second appeal in Roxane Labs., Inc. v. Camber Pharms. Inc., 666 Fed. Appx. 899, *16 (Fed. Cir. Nov. 17, 2016), wherein the Federal Circuit also affirmed the transfer of the case from Ohio to New Jersey.

Caesar Rivise attorney Robert S. Silver drafted the winning brief.


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