Intellectual Property Law

Judge Harrington Awards $10 Million in Attorney?s Fees in Medtronic Patent Litigation

By Lee Gesmer

The Patent Statute states: The court in exceptional cases may award reasonable attorney fees to the prevailing party.  35 U.S.C. 285.

While finding no “willfulness” in the underlying infringment, Judge Harrington has imposed attorney’s fees of $10 million based on Medtronic’s conduct of the case brought by Deputy Spine, Inc., both under the statute and under the court’s inherent powers. Believe it or not, this amount represents only 15% of plainitiff’s attorney’s fees during one part of the case.  But, $10 million is still real money, even to Medtronics.  Can you spell a-p-p-e-a-l?

Click here to read the decision awarding these fees.

Full post as published by Mass Law Blog on February 26, 2008 (boomark / email).