Alphapharm Pty. Ltd. and Genpharm, Inc. (collectively, “Alphapharm”) and Mylan Laboratories, Inc., Mylan Pharmaceuticals, Inc., and UDL Laboratories, Inc. (collectively, “Mylan”) appeal from the final judgment of the United States District Court for the Southern District of New York. On September 20, 2006, the court granted a motion by plaintiff and patentee Takeda Chemical Industries, Ltd. and its affiliate Takeda Pharmaceuticals North America, Inc. (collectively, “Takeda”) to find the case relating to Hatch-Waxman challenges made by Alphapharm and Mylan in connection with Takeda’s U.S. Patent 4,687,777 (“the ’777 patent”) to be exceptional and to award attorney fees. Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc., 459 F. Supp. 2d 227 (S.D.N.Y. 2006) (“September Opinion”). On March 21, 2007, the court quantified the attorney fees, expenses, and expert fees, awarding Takeda $11,400,000 from Mylan and $5,400,000 from Alphapharm, with interest. Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc., Nos. 03-8253, 04-1966, 2007 WL 840368 (S.D.N.Y. Mar. 21, 2007) (“March Opinion”). Because we conclude that the district court did not clearly err in finding that this was an exceptional case because of the misconduct of Mylan and Alphapharm and did not abuse its discretion in awarding attorney fees, we affirm.
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