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news.BrainLAB, a manufacturer and marketer of software-driven medical technology, has announced that the US District Court of Colorado has awarded $4.38 million in attorney fees, costs and expenses to the company for a patent infringement lawsuit brought by Medtronic, a medical technology company.
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The court has ruled that BrainLAB was entitled to recover the amount from Medtronic and its law firm McDermott, Will & Emery. 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 $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.