If a party decides to participate in another party’s challenge to a patent so it may share in the benefits of a victory, it may well be ordered to share the costs burden of losing. Actavis was therefore ordered to pay half of Eli Lilly’s costs of successfully defending the revocation actions brought by Dr Reddy’s and Actavis even though Actavis withdrew from the litigation prior to trial.
A full summary of this case has been published on Kluwer IP Law.


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