SCRIPPS CLINIC & RESEARCH FOUND. v. GENENTECH, INC.

Nos. C-83-5423-WWS, C-83-5424-WWS.

724 F.Supp. 690 (1989)

SCRIPPS CLINIC AND RESEARCH FOUNDATION and Revlon, Inc., and Rorer Group, Inc., Plaintiffs, v. GENENTECH, INC. and Miles Laboratories, Inc., Defendants. SCRIPPS CLINIC AND RESEARCH FOUNDATION and Revlon, Inc., Plaintiffs, v. CHIRON CORPORATION, Defendant.

United States District Court, N.D. California.

July 18, 1989.


Attorney(s) appearing for the Case

Stephen V. Bomse, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., and Eugene Moroz and William S. Feiler, Morgan, Finnegan, Pine, Foley & Lee, New York City, for plaintiffs.

Bradford J. Duft, James W. Geriak and Douglas E. Olson, Lyon & Lyon, Los Angeles, Cal., Richard Haas and Janet Morgan, Lasky, Haas, Cohler & Munter, San Francisco, Cal., Bertram Bradley and James A. Giblin, Berkeley, Cal., and Arnold Sprung and Nathaniel D. Kramer, Sprung, Horn, Kramer & Woods, New York City, for defendants.


ORDER RE ATTORNEYS' FEES

SCHWARZER, District Judge.

Defendants have moved for an order declaring these actions "exceptional" under 35 U.S.C. § 285 and awarding them attorneys' fees. The motions rest largely on the Court's prior findings and conclusions. They involve no disputed evidentiary matters and may therefore be disposed of on the papers filed by the parties without further hearing.

To declare a patent case exceptional within the meaning...

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