The Federal Circuit recently affirmed the decision of the Federal District Court for the District of Minnesota denying attorney fees to Wright Medical Technology, Inc. Spineology, Inc. had alleged Wright’s X-REAM® expandable reamer product infringed several claims of its patent. The alleged infringement hinged on the claim construction of the term “body.” Initially, the district court declined to adopt either party’s construction of the term. On cross-motions for summary judgment, however, the court construed “body” consistent with Wright’s non-infringement position and granted Wright’s motion… When a court chooses not to adopt either party’s claim construction order, continued pursuit of the proposed claim construction does not necessitate a finding of an exceptional case. Further, a district court need not decide issues mooted by summary judgment to determine whether a case is exceptional.
The post Continuing to Pursue Claim Construction Arguments Does Not Make Case Exceptional appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Independent Inventor Seeks New Trial for LG’s Alleged Violations of Sotera Stipulation
- Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD
- IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart
- New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value
- Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities