April 2, 2015 – In applying the Supreme Court’s recent Octane Fitness standard for awarding attorney fees under §285, the Western District of Washington ordered Cygnus Medical to pay attorney fees and costs to Medtrica Solutions and Steris Corporation. The Court found the case exceptional due, in part, to the absence of evidence supporting Cygnus’s theories of infringement at summary judgment. The case concerned Medtrica’s declaration of non-infringement and invalidity of Cygnus’s U.S. Patent No. 7,648,023, which relates to a pre-cleaning kit for an endoscope. The case is captioned Medtrica Solutions LTD. v. Cygnus Medical LLC, C12-538RSL, in the Western District of Washington at Seattle.
By: Christopher J. Stankus