United States Federal Circuit

In an infringement action in which defendant counter sued for declaratory judgment of invalidity and non-infringement of the patents related to plasma-fluorinated filter media for respirators, the district court's award of approximately $26 million to defendant, including trebled attorney fees as antitrust damages, is affirmed where: 1) sufficient corroborating evidence exists to support the finding of prior public use by defendant; and 2) defendant's attorney fees appropriately flow from the unlawful aspect of plaintiff's antitrust violation and thus are an antitrust injury that can properly serve as the basis for antitrust damages.

Appellate Information

• Published 2016/02/10

Judges

• HUGHES

Court

• United States Federal Circuit

Counsel