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.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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.

नमस्ते

A Slight Delay -- In Additional Fees Motions: Friday Hep C Case Trivia, Post Gilead's Win, On Appeal

Gilead is entitled to -- and will almost certainly be awarded -- all the fees it spent in defending Merck's appeal out of USDC Judge Labson Freeman's wise federal trial level orders, in San Jose, California last year. The question from an overnight filing, is when all that will get underway.

Here it is.

. . . .The parties agree that it is mutually desirable for the parties and the Court to allow Merck sufficient time to consider Gilead’s request for a supplemental award of attorneys’ fees, and to meaningfully meet and confer with Gilead, before Gilead files any motion for an award of supplemental attorneys’ fees.

Accordingly, the parties stipulate and agree that Gilead shall have up to and including May 23, 2018 to file a motion for a supplemental award of attorneys’ fees. . . .

Be excellent to one another.

नमस्ते