Alzheimer's Institute of America v. Eli Lilly & Co.

ORDER GRANTING DEFENDANTS’ ATTORNEY’S FEES MOTIONS AND DENYING DEFENDANT ELI LILY’S UNDERTAKING MOTION

On April 13, 2015, Defendant Eli Lily & Company (“Defendant Eli Lily”) moved for an award of attorney’s fees and for an undertaking to secure any award of attorney’s fees. On April 21, 2015, Defendant Elan Pharmaceuticals, Inc. (“Defendant Elan”) also moved for an award of attorney’s fees. For the reasons set forth below, Defendants’ attorney’s fees motions are GRANTED and Defendant Eh Lily’s undertaking motion is DENIED.

I. RELEVANT FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On February 2, 2010, Plaintiff Alzheimer’s Institute of America, Inc. (“Plaintiff’ or “AIA”) initiated this patent infringement action involving patents related to the “Swedish mutation,” one of the known genetic causes of Alzheimer’s disease. Plaintiff subsequently filed a related case, Alzheimer’s Institute of America, Inc. v. Avid Radiopharmaceuticals, 10-cv-6908 (“Avid ”), in the Eastern District of Pennsylvania. At issue in Avid were patent infringement contentions involving two of the four patents that were at issue in the present case. The Avid court ordered targeted discovery on AIA’s standing and…