Legal Opinion

Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.

District Court, S.D. Indiana

Decided May 15, 2003No. Cause IP99-0038-C-H/KPublishedCited by 15 opinions

1Opinion of the Court

HAMILTON, District Judge.

ENTRY ON FEE PETITION

This patent case is now before the court on plaintiffs petition for an award of attorney fees and costs under 35 U.S.C. § 285. As explained below, the court awards attorney fees of $1,523,580.85 and costs of $101,576.34.

United States Patent No. 4,375,547 claimed the invention of the drug nizati-dine, which plaintiff Eh Lilly and Company has marketed as Axid®. Defendant Zenith Goldline Pharmaceuticals, Inc. infringed the '547 patent by filing an amended Abbreviated New Drug Application seeking FDA permission to manufacture and sell nizatidine…

2Cases cited62 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989
  3. Blanchard v. BergeronSupreme Court of the United States · 1989
  4. Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  5. New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983

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3Cited by15 opinions

  1. Firestine v. Parkview Health System, Inc.District Court, N.D. Indiana · 2005
  2. General Protecht Group, Inc. v. Leviton Manufacturing Co.District Court, D. New Mexico · 2015
  3. Leviton Manufacturing Co. v. Shanghai Meihao Electric, Inc.District Court, D. Maryland · 2009
  4. Chamberlain Grp., Inc. v. Techtronic Indus. Co.District Court, E.D. Illinois · 2018
  5. American Trucking Associations, Inc.; Cumberland Farm, Inc.; M&M Transport Services, Inc.; New England Motor Freight, Inc. v. Peter Alviti, Jr., in his Official Capacity as Director of the Rhode Island Department of Transportation; Rhode Island Turnpike and Bridge AuthorityDistrict Court, D. Rhode Island · 2025

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