Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc.

Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc.

Fed. Cir. (2000)

Our client Yamanouchi Pharmaceutical brought suit against a generic drug producer for infringement of the patent covering famotidine, an anti-ulcer drug marketed under the name PepcidR. The defendant contended the patent was invalid. After the Defendants had presented their invalidity case at trial, the court rejected that case in its entirety, found the defendant had committed willful infringement, and awarded attorneys’ fees to Yamanouchi. On appeal, the Federal Circuit affirmed the District Court’s opinion in every respect. In addition to finding no error with the District Court’s validity determination, the Federal Circuit affirmed that the case was exceptional and the award of attorney fees was appropriate, based on Danbury’s baseless certification to the FDA and its proceeding to trial with similarly weak invalidity arguments.