The U.S. Court of Appeals for the Federal Circuit has denied attorney fees to a medical device manufacturer in a dispute relating to an expandable surgical reamer patent, ruling that the district court did not abuse its discretion in denying the prevailing defendant’s motion for attorney fees. The district court rejected the plaintiff’s proposed claim construction and arguments but indicated that the plaintiff’s legal attempts were not so meritless as to render the case exceptional for purposes of the Patent Act’s fee shifting provision (Spineology, Inc. v. Wright Medical Technology, Inc., December 14, 2018, Moore, K.).
Case date: 14 December 2018
Case number: No. 2018-1276
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.