Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc.

Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc.

S.D.N.Y. (2002)

Attorneys Fees of $32 million Awarded To Fitzpatrick,Cella Client

The SDNY has awarded Bristol-Myers over $32 million in attorneys fees and disbursements based on fraud committed by RPR on the US Patent Office, and RPR’s obstructive and vexatious conduct during the 6 year litigation. Among other things, the Court pointed to prior orders sanctioning RPR for obstructive deposition conduct, RPR’s numerous baseless privilege claims, repeated loss or misplacement of key documents, RPR’s altering of experimental records, and RPR’s unreasonable discovery demands, including retaining 49 medical experts and RPR’s producing an additional 1.5 million documents near the end of fact discovery. The Court awarded attorneys fees because the case was “exceptional” under 35 U.S.C. § 285, and in addition invoked its inherent equitable powers to award both expert fees and prejudgment interest.