September 29, 2016 – Defendants Brainlab, Inc., Brainlab AG, Brainlab Medizinische Computersysteme GMBH, and Varian Medical Systems, Inc. lost a motion for attorney fees under 35 U.S.C. § 285, in a September 27, 2016 Memorandum Order issued by United States District Judge Leonard P. Stark of the United States District Court for the District of Delaware. Judge Stark ruled that the case was not “exceptional” – stating that even though Plaintiff lost, its positions throughout the litigation were not baseless. The patent at issue was U.S. Patent No. 5,755,725, entitled: “Computer-Assisted Microsurgery Methods and Equipment.” The case caption is Sarif Biomedical LLC v. Brainlab, Inc. et al., C.A. No. 13-846-LPS (D. Del.).
By: Frederick C. Millett