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January 4, 2012

Senselessy Sassy

MarcTec sued Johnson & Johnson for infringing 7,128,753 & 7,217,290, which claim surgical implants. MarcTec sought a claim construction of "plain and ordinary meaning." That sassy remark cost $4.7 million. The plain meaning blithely ignored the specification and prosecution history of a narrowed lynchpin term ("bonded"). Plaintiff expert witness testimony was declared "junk science." After claim construction and a summary judgment finding of noninfringment, the judge found the case exceptional under 35 U.S.C. § 285, finding the assertion "baseless" and "frivolous," in "bad faith," and awarding J&J all expenses and attorneys fees. The CAFC affirmed (10-1285). The lawyers who devised and implemented the strategy went unmentioned.

Posted by Patent Hawk at January 4, 2012 2:30 PM | Case Law