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James R. Barney

Eli Lilly, Elan Get $8M in Fees After Alzheimer's IP Win

April 18, 2016

Law360

On April 15, 2016 a California district court ordered the Alzheimer's Institute of America to pay Finnegan client Eli Lilly roughly $4.5 million in attorneys' fees after losing a suit related to a patent covering Alzheimer's detection.

The Alzheimer’s Institute of American filed suit against Eli Lilly and Elan Pharmaceuticals in 2010, alleging the pharmaceutical companies infringed two of its patents. In 2011, the suit was stayed, pending the outcome of another trial where Alzheimer’s Institute of America alleged the University of Pennsylvania and Avid Radiopharmaceuticals, Inc. were also infringing the same patents. In 2012, the suit against Eli Lilly and Elan was dismissed, citing judicial estoppel. The judge later granted Eli Lilly and Elan’s motions for attorneys’ fees, finding that the suit was exceptional and attorneys' fees were justified.

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