United States Federal Circuit

In an appeal by plaintiff and counsel in a patent infringement action, involving defendant's accused devices, which are image-guided surgical navigation devices that use an array of cameras to detect the position of surgical instruments through triangulation, as well as three other patents, an order awarding attorney fees, costs, expenses, and interest in an amount over $4 million is reversed where: 1) district court committed clear error in finding this case to be exceptional under section 285; and 2) plaintiff's counsel's use of the FDA submission evidence was not sufficiently egregious to justify the imposition of sanctions under the court's inherent authority.

Appellate Information

• Decided 04/26/2010
• Published 04/26/2010

Judges

Court

• United States Federal Circuit

Counsel