February 24, 2017 – Defendant TriVascular Corp. lost a motion for attorney fees under 35 U.S.C. § 285, in a February 22, 2017 Order issued by United States District Judge Edward M. Chen of the United States District Court for the Northern District of California. Judge Chen ruled that the case was not “exceptional” – stating that even though Plaintiff lost, its positions throughout the litigation were not frivolous. The patent at issue was U.S. Patent No. 6,007,575, entitled: “Inflatable Intraluminal Stent and Method for Affixing Same Within the Human Body.” The case caption is Samuels v. TriVascular Corp., Case No. 13-cv-02261-EMC (N.D. Cal.).
By: Frederick C. Millett