Feeble § 101 Litigation Position Results in Significant Award of Fees and Costs

The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions taken by plaintiffs ChromaDex, Inc. and Trustees of Dartmouth College (jointly, the plaintiffs, or ChromaDex and Dartmouth, respectively) in a patent litigation lawsuit….
By: DLA Piper