Sunday, May 13, 2018

The Hep C "Unclean Hands" Patent Fees Determination May Come From The Federal Circuit (Appellate) Court, Not The Trial Court...

The ever-capable Judge Labson-Freeman has (as of Friday night) granted the extension of the deadline on any additional fee petitions (presumably while Merck decides whether it will just pay up, without any more fighting). I think it ought to -- as there is little left to be gained here -- and any additional proceedings will. . . simply enrich the lawyers. [As if that were a bad. . . thing(?). Heh.]

I write a new post this cool, clear Sunday morning though -- to note Judge Labson-Freeman has suggested that if it is going to be contested, Gilead might consider bringing it before the Federal Circuit, under Rule 47.7:

. . . .The Court GRANTS the parties’ stipulation. The Court, however, notes that Federal Circuit Rule 47.7 sets forth how a party may request “attorney fees and expenses incurred” before the Federal Circuit.

At this time, the Court is uncertain whether determination of fees on appeal will be remanded to this Court or determined by the Federal Circuit.


May 11, 2018. . .

Now you know -- and a most joyous Mothers Day -- to all the biological, and step-, and by-proxy- moms on the planet. To all women, in fact, who have served as a role model -- or mentor -- to. . . anyone, ever. . . we honor you as well today. Be of good cheer. . . smile.


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