While patent attorneys seem to love
filing suits in East Texas, I'm guessing they may try to start avoiding filing suits in Colorado. Slashdot
alerts us to the news that a District Court Judge in Colorado didn't just overturn a jury's ruling
of patent infringement by BrainLAB against Medtronic, he also scolded Medtronic's lawyers for "abusive" behavior and demanded those lawyers pay BrainLAB's legal bills
. Specifically, the judge, Richard P. Matsch, found that the two litigators who argued the case on Medtronic's behalf ignored the limitations and misled the jury. As Matsch noted
"At trial, [McDermott]'s conduct was in disregard for the duty of candor, reflecting an attitude of 'what can I get away with?' Throughout the trial, the [McDermott] lawyers artfully avoided the limitations of the patent claims and created an illusion of infringement. They did so with full awareness that their case was without merit."
It's also worth pointing out that the two lawyers in question are generally well-respected (and expensive) IP litigators, rather than just random lawyers (as you might otherwise assume from the judge's comments). Yet, given how freely the court system has allowed patent litigation to run rampant, it's no surprise to see some patent attorneys push the envelope. However, it really is great to see a judge smack them down in such a strong manner, as it may wake up some other patent attorneys.