Attorney Fees Based On Rejected Claim Construction Denied

November 21, 2017 – On November 17, 2017, the Minnesota District Court declined to find Spineology, Inc.’s infringement suit against Wright Medical Technology, Inc. was an exceptional case under 35 U.S.C. § 285.  According to the Court, although Spineology’s claim for infringement was based on an incorrect construction of the term “body” in the claims, the proposed construction was not so meritless as to render the case exceptional.

The case is Spineology, Inc. v. Wright Medical Technologies, Inc., case number 15-cv-00180, in the District Court of Minnesota.  The patent in suit is RE42757, entitled “Expandable Reamer.”

By: Sean C. McDonagh