This is a big OUCH.
Medtronic has been ordered by the District Court of Colorado to compensate $4.38 million in attorney fees, costs and expenses to BrainLAB in a patent infringement lawsuit – brought by Medtronic.
The patent infringement lawsuit filed in 1998 was dismissed by the U.S. District Court in Denver, Colorado back in February 2006 (it was ruled that BrainLAB products do not infringe any of Medtronic’s patents in suit). The U.S. Court of Appeals for the Federal Circuit upheld the dismissal in February 2007 and the District Court determined in February 2008 that BrainLAB was entitled to its attorney fees and expenses.
The interesting part? Medtronic may appeal the decision.