Absent Misrepresentation, a Party May Rely on a Favorable JMOL Determination and Jury Verdict as Objective Evidence That Its Infringement Claims Are Not Frivolous
Mondaq Business Briefing › United States Law Articles in English (2010)
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Absent Misrepresentation, a Party May Rely on a Favorable JMOL Determination and Jury Verdict as Objective Evidence That Its Infringement Claims Are Not Frivolous
Judges: Newman, Lourie (concurring), Bryson (author) [Appealed from D. Colo., Judge Matsch]
In Medtronic Navigation, Inc. v. BrainLAB Medizinische Computersysteme GmbH, Nos. 09-1058, -1059 (Fed. Cir. Apr. 26, 2010), the Federal Circuit reversed the district court's grant of attorney fees against Medtronic Navigation, Inc. ("Medtronic") under 35 U.S.C. § 285 based on its continued efforts to pursue the case after an adverse claim construction decision, and alleged litigation misconduct. The Court also reversed the decision to hold Medtronic's counsel jointly liable for the attorney fees under 28 U.S.C. § 1927 and its inherent powers. In 1998, plaintiff Medtronic brought a patent inf...See the full content of this document
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