Arent Fox Secures $1 Million in Attorney’s Fees and Costs For Discovery Abuses on Behalf of Sabinsa Corporation

The fees award, approximately 92% of the total fees and costs requested, follows Prakruti’s previous failed attempts to overturn an award of spoliation sanctions, forensic audit, and attorney’s fees granted in favor of Sabinsa through a motion for reconsideration and appeal, which the court denied in March 2020.

A link to the fees decision is available here.

Arent Fox secured the fees award on behalf of Sabinsa, the world leader in the Curcumin dietary supplements industry. The sanctions, audit, and fees award stem from significant discovery misconduct by Prakruti in a patent infringement case that was reopened in June 2017, after Sabinsa suspected that Prakruti had violated the parties’ settlement agreement. Prior to agreeing to settle the case, Sabinsa alleged that Prakruti infringed Sabinsa’s patented Curcumin C3 Complex®, U.S. Patent No. 5,8651,415. The team representing Sabinsa is led by Partners James H. Hulme and Taniel E. Anderson, and Associate Jake Christensen, Attorneys in Arent Fox’s Complex Litigation and Patent practice groups.

“We are extremely pleased with this result. The Court’s substantial award is a testament both to Sabinsa’s persistence in protecting its intellectual property rights and the Arent Fox litigation team, who diligently and doggedly pursued Prakruti in this dispute. We are thankful that the court recognized the severity of Prakruti’s actions and found that Arent Fox’s efforts were reasonable and necessary to hold Prakruti accountable. The spoliation sanctions already awarded against Prakruti are significant. The substantial fees award further demonstrates the court’s recognition of the severity of Prakruti’s misconduct.”

– James H. Hulme, Complex Litigation Partner

In its order and opinion, the court rejected Prakruti’s unsupported arguments and blanket objections to the requested fees and costs as “duplicative,” “generalized,” and “lodged . . . with a brush so broad as to remove any element of specificity to its challenges,” such that they “cannot support a reduction in fees.” The court also rejected Prakruti’s “scattershot approach” and “the bases for [Prakruti’s objections,] which are in many cases unsubstantiated or indecipherable — as if hoping that something will stick.”

“We are grateful to the entire Arent Fox team for this latest victory, which serves as further vindication of Sabinsa’s tireless, long-standing efforts to protect its intellectual property. Over our decades-long relationship, Arent Fox has diligently defended Sabinsa’s interests as we have fought back against competitors seeking to infringe on our proprietary, industry-defining products,”

– Dr. Muhammed Majeed, Sabinsa Founder

Sabinsa, the world leader in Curcumin for the dietary supplements industry, was founded in 1988 with the key principles of tradition, innovation, and research at its core. Sabinsa maintains manufacturing and research facilities in India and the United States that continue to introduce pioneering dietary supplements, solidifying Sabinsa’s position at the forefront of the industry.