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Amneal Pharmaceuticals LLC v. Almirall, LLC

Amneal Pharmaceuticals LLC and Amneal Pharmaceuticals of New York, LLC (collectively, “Amneal”) move to voluntarily dismiss this appeal from a final decision of the Patent Trial and Appeal Board in an inter partes review (“IPR”) pursuant to Federal Rule of Appellate Procedure 42(b). Almirall, LLC agrees that the appeal should be dismissed, but asks that the court award its reasonable attorney fees and costs pursuant to 35 U.S.C. § 285 and Rules 39 and 42. Specifically, Almirall is seeking attorney fees that were incurred for work on the IPR and in preparing its opposition to the present motion. For the following reasons, we deny that request.

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