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HOFFMANN-LA ROCHE INC. v. INVAMED INC.

No. 99-1466.

213 F.3d 1359 (2000)

HOFFMANN-LA ROCHE INC. and Syntex (U.S.A.) Inc., Plaintiffs-Appellees, v. INVAMED INCORPORATED, Danbury Pharmacal Inc., Purepac Pharmaceutical Company, Watson Pharmaceutical Inc., Mylan Laboratories, Inc., Genpharm, Inc., and Teva Pharmaceutical USA, Inc., Defendants, and Torpharm, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 23, 2000.

Attorney(s) appearing for the Case

John C. Vassil, Morgan & Finnegan, L.L.P., of New York, New York, argued for plaintiffs-appellees. With him on the brief were Tony V. Pezzano, Kathryn E. Diaz, and Sybil A. Lombillo.

Robert S. Silver, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., of Philadelphia, Pennsylvania, argued for defendant-appellant. With him on the brief were Alan H. Bernstein, and William J. Castillo.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

As part of a settlement of a patent infringement case, the plaintiffs dismissed their complaint. A defendant then moved the district court (1) to impose sanctions for the plaintiffs' alleged violation of Rule 11 of the Federal Rules of Civil Procedure by filing a baseless suit without a proper investigation and (2) to determine under 35 U.S.C. § 285 that the case was "exceptional" and to award the defendant attorney fees. The defendant...

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