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Shire LLC v. Abhai LLC

United States District Court, D. Massachusetts

July 11, 2018

SHIRE LLC and SHIRE U.S. INC., Plaintiffs,
v.
ABHAI, LLC, Defendant. Amount Date Amount Description Fees and Costs Associated with Dr. Luk Date Amount Description Fees and Costs Associated with Dr. Dressman Date Amount Description Shire's Discovery Motion Practice Date Amount Description Time Spent with Dr. Luk and Juniper Date Amount Description Analysis of Third Party and/or Adderall XR Dissolution Data Date Amount Description

          MEMORANDUM & ORDER

          WILLIAM G. YOUNG DISTRICT JUDGE.

         I. INTRODUCTION

         This memorandum and order arises out of post-trial motions for attorney's fees and other costs following a lengthy trial regarding Abhai, LLC's ("Abhai") unauthorized use of Shire LLC and Shire U.S. Inc.'s (collectively "Shire") United States Reissued Patent No. RE42, 096 and United States Reissued Patent No. RE41, 148. See Shire LLC v. Abhai, LLC, 298 F.Supp.3d 303, 304-06 (D. Mass. 2018). With two days of trial remaining, Abhai revealed that its stability dissolution testing data was incorrect. Id. at 305, 329. It proceeded to provide Shire with the correct data, but by then the damage had been done. Id. at 329, 331. Shire had relied on the incorrect data, as it was crucial to its case and the overall trial. Id. at 331.

         Abhai's decision to withhold the correct data caused a delay in trial, extra expenses for Shire, and a drain on judicial resources. Id. at 335-36. The Court thus sanctioned Abhai in the amount of $30, 000.00. Idat 337. The Court also ordered Shire to file a revised claim for attorney's fees and costs limited to "(a) recovering for the time wasted dealing with Abhai's inaccurate stability and dissolution data, (b) discovering the litigation misconduct discussed immediately above, and (c) dealing with Abhai's revised stability and dissolution data." Id. at 335.

         Following the Court's orders, Shire filed a motion seeking to recover attorney's fees and expenses that it incurred due to Abahi's misconduct. Pis.' Appl. Reasonable Atty's Fees & Expenses ("Pis.' Mem."), ECF No. 342. Both parties have briefed the issue of how much in attorney's fees and expenses the Court ought award Shire. See Pis.' Mem.; Def.'s Response Pis.' Appl. Atty's Fees & Expenses ("Def.'s Resp."), ECF No. 347; Decl. William C. Rose with Exhibits A-M ("Rose Decl. I"), ECF No. 348; Decl. William C. Rose with Exhibits AA-MM ("Rose Decl. II"), ECF. No. 349; Pis.' Reply Supp. Appl. Reasonable Attys' Fees & Expenses ("Pis.' Reply"), ECF No. 355; Decl. Kevin B. Collins ("Collins Decl."), ECF No. 356; Def.'s Sur-reply to Pis.' Appl. Atty's Fees & Expenses ("Def.'s Sur-reply"), ECF No. 359.

         II. ANALYSIS

         Following the denial of a motion to seal Shire's motion for reasonable attorney's fees, the Court explained that it is not evaluating the reasonableness of the fees requested by Shire, unless such fees are unreasonably high. Electronic Order, ECF No. 341. Rather, the Court is only concerned with the attorney's fees and costs that Shire paid "for necessary work its counsel performed due to the misconduct of Abhai." Id.

         As instructed by the Court, Shire divided its billing entries into the three categories. See Shire LLC, 298 F.Supp.2d at 335; Pis.' Mem. at 6-9. The following is a description of the work performed by Shire due to Abhai's misconduct:

         For category (a) [" time wasted dealing with Abhai's inaccurate stability and dissolution data"], the time entries included in the calculation from September 2016 to April 2017 include:

• time spent analyzing Abhai's ANDA containing dissolution and stability data;
• time spent reviewing Abhai's lab notebooks containing dissolution and stability data;
• time spent working with [Juniper Pharma Services ("Juniper")] on dissolution testing;
• time spent working on [Dr. Shen Yung Luk's ("Dr. Luk")] opening expert report related to dissolution testing (including the four pages in his 37-page opening report plus the short description in Appendix E of his dissolution testing methodology);
• time spent working with [Dr. Jennifer Dressman ("Dr. Dressman")] on her reply report addressing dissolution data;
• time spent preparing Dr. Dressman for deposition;
• time spent reviewing [Dr. Diane Burgess's ("Dr. Burgess")] expert report on inaccurate dissolution data;
• time spent deposing Dr. Burgess on inaccurate dissolution data;
• time spent preparing Dr. Luk for deposition;
• time spent deposing Abhai/[KVK Tech, Inc. (XXKVK") ] employees on inaccurate dissolution data;
• time spent preparing Dr. Dressman and Dr. Luk for trial on inaccurate dissolution data; and
• time spent preparing to cross examine Dr. Burgess on inaccurate dissolution data. For category (b)["discovering the litigation misconduct"], the time entries included in the calculation from April 2017 to August 2017 include:
.......
• time spent during first trial reviewing newly disclosed dissolution and stability data;
• time spent opposing Abhai's attempt to amend the pretrial order and introduce evidence at the first trial not produced during fact discovery;
• time spent at the court hearing convened to determine the best path forward;
• time spent drafting discovery requests;
• time spent reviewing Abhai's responses to interrogatories and request for production;
• time spent reviewing Abhai documents produced after the first trial in April 2017;
• time spent pressing Abhai for more information and additional documents;
• time spent moving to compel production of documents and additional information, including ...

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