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Cardiovascular Biotherapeutics v. Phage Biotechnology Corp. ($67,775 attorneys’ fees awarded to Defendants)

Defendant: Phage Biotechnology Corporation A Delaware Corporation


Date: Jan 31, 2013

Docket: 3:11cv1215

Judge: William Q Hayes

Jan. 18 2013 – Court awarded $67,775 in attorneys’ fees to Defendants, finding that Plaintiff’s claim of patent infringement was “objectively baseless and brought and maintained in bad faith, and Plaintiff engaged in litigation misconduct with respect to the purported patent infringement claim.”

Patent infringement, breach of contract, fraud, misappropriation of trade secrets and breach of fiduciary duty action. The defendants have infringed the plaintiff’s patent entitled “Method Of Producing Biologically Active Human Fibroblast Growth Factor And Its Use In Promoting Angiogenesis,” by developing and seeking FDA approval of “a wound healing application of FGF-1” using the plaintiff’s confidential information.


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