Michael Kahn Speaks with Bloomberg BNA on Overturning Fee Decisions on Appeal
Akin Gump intellectual property partner Michael Kahn has been featured in the Bloomberg BNA article “Hikma Subsidiary Roxane Seeks to Undo Attorney-Fees Award,” which discusses Roxane Laboratories Inc.’s appeal to overturn a fee award from a previous patent infringement ruling.
According to the article, Roxane was required to pay over $2 million in attorneys’ fees to Camber Pharmaceuticals after losing an infringement lawsuit deemed unreasonable by a district court. Michael Kahn, whose practice focuses on patent infringement litigation, told Bloomberg BNA that losing parties have faced increasing difficulty in overturning fee decisions on appeal. He referenced the 2014 ruling in Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., as a critical point after which district court judge decisions regarding attorneys’ fees in patent cases have been accorded greater weight.