Attorney Fees Awarded in Favor of Client Supernus

On June 18, 2019, the United States District Court for the District of New Jersey granted in part Haug Partners client Supernus Pharmaceuticals, Inc.’s motion for attorney fees, concluding that the conduct of Defendants TWi Pharmaceuticals, Inc. and TWi International LLC (dba TWi Pharmaceuticals USA) (collectively TWi) with respect to one of their noninfringement defenses was “exceptional” under 35 U.S.C. § 285 and merits an award of attorney fees. This ruling comes after the District of New Jersey’s decision—affirmed by the Federal Circuit on appeal—that Supernus’s Oxtellar XR® patents are valid over multiple invalidity grounds argued by TWi, and that TWi’s proposed generic version of Oxtellar XR® infringes three of Supernus’s patents.

To read the Opinion, click here.

Law360 article available here.