Although Merck & Co. lost its patent battle with Mylan Pharmaceuticals over alleged infringement of patents for a drug to treat Parkinson’s disease, a federal judge has refused to award Mylan $1.5 million in attorney fees.
“Merck’s infringement claim, albeit erroneous, was not baseless,” U.S. District Judge Eduardo C. Robreno wrote. “Its course of conduct in pursuing the claim was neither vexatious, unusual nor disproportionate to the rather high stakes involved.”
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