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AIA AMERICA, INC. v. AVID RADIOPHARMACEUTICALS

2016-2647.

866 F.3d 1369 (2017)

AIA AMERICA, INC., fka Alzheimer's Institute of America, Inc., Plaintiff-Appellant v. AVID RADIOPHARMACEUTICALS, Defendant-Appellee. Trustees of the University of Pennsylvania, University of South Florida Board of Trustees, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: August 10, 2017.

Attorney(s) appearing for the Case

PETER BUCKLEY , Fox Rothschild, LLP, Philadelphia, PA, argued for plaintiff-appellant.

LAWRENCE SCOTT BURWELL , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA, argued for defendant-appellee. Also represented by CHARLES E. LIPSEY ; LAURA POLLARD MASUROVSKY , Washington, DC; MANISHA A. DESAI , Eli Lilly and Company, Indianapolis, IN.

Before Newman, Lourie, and Hughes, Circuit Judges.

AIA America, Inc. appeals the district court's award of attorney's fees to Avid Radiopharmaceuticals and the Trustees of the University of Pennsylvania. Because the Seventh Amendment right to a jury trial does not apply to requests for attorney's fees under § 285 of the Patent Act, the district court did not err by making...

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