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23 May 2017Americas

Roxane ordered to pay $2.3m attorneys' fees

A district court has ordered Roxane Laboratories to pay Camber Pharmaceuticals and InvaGen Pharmaceuticals $2.3 million in attorneys’ fees.

The patent dispute, which was decided on Thursday, May 18, at the US District Court for the District of New Jersey, was referred to as an “exceptional” case by the court.

Roxane had contended that Camber and InvaGen were not eligible to be awarded the fees, arguing that the companies had used law firm partners, rather than more junior lawyers, to perform over 80% of the billable attorney work in the case.

The court found Roxane’s argument unpersuasive.

Roxane was sued by Camber and InvaGen in 2014 for patent infringement of US number 8,563,032, after Roxane filed an Abbreviated New Drug Application with the Food and Drug Administration (FDA), seeking approval to market a generic form of calcium acetate.

Calcium acetate is used to prevent high blood phosphate levels in patients who are on dialysis due to severe kidney disease.

The FDA approved Roxane’s application.

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