On appeal, a party cannot recover fees incurred at the PTAB under Section 285
Amneal Pharm v. Almirall was decided on June 4, 2020, on appeal from the PTAB. After Amneal filed a petition for an IPR challenging Almirall’s patent, Almirall sued Amneal in the district court on a different patent. The parties engaged in settlement discussions, in which Almirall offered to enter into …