SAN FRANCISCO — The U.S. Court of Appeals for the Federal Circuit recently lowered the bar for recovering attorney fees in “exceptional cases.” But on Wednesday the court kept it high for exceptional appeals.
The court ruled 2-1 that while Abbott Laboratories and a subsidiary must pay a $6 million fee awarded by U.S. District Judge William Alsup, it does not have to pay the additional $1.5 million opponent Becton, Dickinson & Co. says it spent defending the award on appeal and then on remand.
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