June 27, 2018
Authored and Edited by Susan Y. Tull; Mark Hagler
In Stone Basket Innovations, LLC v. Cook Medical LLC, No. 17-2330 (Fed. Cir. June 11, 2018), the CAFC affirmed the district court’s determination that the case was not exceptional for the purpose of attorneys’ fees. The CAFC held the following factors did not support an award of fees: (1) the standard of review for a § 285 determination, (2) the presumption of validity for an issued patent, (3) the deference given to the patent examiner, and (4) the movant’s actions during litigation. The patent was directed to a basket-type stone extraction medical device used to remove stones from biological systems. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
May 9, 2024
Webinar
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
At the PTAB Blog
USPTO Releases Notice of Proposed Rule Making Codifying Several Precedential Case Factors
April 25, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.