The U.S. District Court for the District of Colorado has awarded $4.38 million in attorney fees, costs and expenses to BrainLAB in a patent infringement lawsuit brought by Medtronic.
The court ruled that BrainLAB, an image-guided therapy company, was entitled to recover the amount from the Minneapolis-based Medtronic. BrainLAB’s law firm, McDermott, Will & Emery, previously said that “Medtronic’s and MWE's pursuit of meritless litigation to eliminate competition in the medical products market requires remediation.” BrainLAB was also represented in the case by the law firms Renner, Otto, Boisselle & Sklar and Baker & Hostetler.
The patent infringement lawsuit filed by Medtronic against the Westchester, Ill.-based BrainLAB in 1998 was dismissed by the U.S. District Court in Denver, Colo., in February 2006, which ruled that BrainLAB products do not infringe any of Medtronic’s patents in suit.
In February 2007, the U.S. Court of Appeals for the Federal Circuit upheld the dismissal, according to BrainLAB. The District Court determined in February 2008 that BrainLAB was entitled to its attorney fees and expenses.
Medtronic may appeal the decision.