Patheon Secures $18.5 Million in Attorney Fees Post Procaps Antitrust Victory


As part of Patheon’s multi-year antitrust battle with former joint venture partner Procaps Laboratories, Cooley secured an $18.5 million fee and cost award in Patheon’s favor as the prevailing party under the Florida Deceptive and Unfair Trade Practices Act.

As part of Patheon’s multi-year antitrust battle with former joint venture partner Procaps Laboratories, Cooley secured an $18.5 million fee and cost award in Patheon’s favor as the prevailing party under the Florida Deceptive and Unfair Trade Practices Act. The $18.5 million award in Patheon’s favor represents all amounts Patheon sought in its fee and cost petition.

The court had high praise for the Cooley and Patheon team, holding that “Patheon’s counsel obtained an excellent result. Obtaining a defense summary judgment on all counts and having the ruling affirmed on appeal is surely a significant defense victory … Patheon was well served by a dedicated effort from a well-coordinated legal team.” Cooley litigation partner Mike Klisch led the team for Patheon.

In January 2012, Patheon and Procaps signed a seven-year collaboration agreement to provide softgel development and manufacturing services to customers worldwide. In December 2012, Patheon acquired Banner Pharmacaps, also a softgel specialist company. Following this acquisition, Procaps sued Patheon, alleging that the acquisition converted the collaboration agreement into an illegal market division, violating US antitrust laws. In 2015, on behalf of Patheon, Cooley won summary judgment, dismissing the case in full.

On appeal, following thorough review and oral argument, the US Court of Appeals for the 11th Circuit concluded that Patheon was entitled to summary judgment, reaffirming the magistrate’s grant “both because Procaps failed to establish the foundational requirement of concerted action necessary to maintain a Section 1 claim under the Sherman Act, and because Procaps also failed to show any actual anticompetitive effectives.”

Cooley represented Pantheon with a team led by Mike Klisch (Picture).

Involved fees earner: Mike Klisch – Cooley LLP; Mazda Antia – Cooley LLP; Robert Cahill – Cooley LLP; Howard Morse – Cooley LLP; Marc Schildkraut – Cooley LLP; Dee Bansal – Cooley LLP; David Burns – Cooley LLP; Mary Kathryn Kelley – Cooley LLP; Joshua Siegel – Cooley LLP; Scott Stemetzki – Cooley LLP; Jane van Benten – Cooley LLP; Craig TenBroeck – Cooley LLP; Dana Moss – Cooley LLP;

Law Firms: Cooley LLP;

Clients: Patheon;

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Author: Ambrogio Visconti