MUNICH, Germany or WESTCHESTER, Ill. – On Wednesday, the US District Court for the District of Colorado awarded $4.38 million in attorney fees, costs and expenses to BrainLAB AG for a patent infringement lawsuit brought by Medtronic, Inc.
The court ruled that BrainLAB was entitled to recover the amount from Medtronic and its law firm McDermott, Will & Emery LLP ("MWE"), previously stating that "Medtronic's and MWE's pursuit of meritless litigation to eliminate competition in the medical products market requires remediation." BrainLAB was represented in the case by the law firms Renner, Otto, Boisselle & Sklar LLP (lead counsel) and Baker & Hostetler LLP.
The patent infringement lawsuit filed by Medtronic against BrainLAB in 1998 was dismissed by the US District Court in Denver, Colorado, in February 2006, which ruled that BrainLAB products do not infringe any of Medtronic's patents in suit.
The District Court concluded that a September 2005 verdict, which found that BrainLAB had infringed four patents held or licensed by Medtronic, was in error and could not be supported by evidence. Medtronic's award of US $51 million in damages was overturned in the process.
In February 2007, the US Court of Appeals for the Federal Circuit upheld the dismissal. The District Court determined in February 2008 that BrainLAB was entitled to its attorney fees and expenses.
Medtronic and its law firm may appeal the decision.