Phigenix CEO Defeats Genentech’s Motion for Him to Pay Attorney Fees

On June 7, 2019, in the case of Phigenix, Inc. vs. Genentech, Inc., Genentech’s motion for attorney fees against Dr. Carlton D. Donald, President and CEO of Phigenix, was DENIED.  Dr. Donald was joined to the case on August 13, 2018.  The Court acknowledged counter-testimony and evidence provided by Dr. Donald that opposed Genentech baseless claims.  Subsequently, Genentech was unable to support their claim that Dr. Donald exhibited inequitable conduct.  Furthermore, Genentech could not show that Dr. Donald is Phigenix’s alter ego as alleged. Dr. Donald also presented evidence challenging additional claims made by Genentech, which were the basis of the exceptional case finding.  Phigenix plans to appeal the Court’s Exceptional Case Status Award of Attorney Fees.  The Court’s Summary Judgment ruling is currently under appeal.