Legal Opinion
Innovation Technologies, Inc. v. Splash! Medical Devices, LLC.
Court of Appeals for the Federal Circuit
Decided June 16, 2008No. 2007-1424PublishedCited by 5 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
This appeal challenges the United States District Court for the Northern District of Georgia’s ruling that this patent infringement suit was an “exceptional case” under 35 U.S.C. § 285 and award of attorney fees to the appellee Splash! Medical Devices, LLC (“Splash”). We hold that the district court failed to make adequate findings to support its “exceptional-case” determination. We vacate the district court’s order awarding attorney fees and remand for that court to make additional findings as indicated in this opinion and, based on those findings, to…
2Cases cited7 opinions
- Reactive Metals and Alloys Corporation v. Esm, IncorporatedCourt of Appeals for the Federal Circuit · 1985
- Nazomi Communications, Inc. v. Arm Holdings, PlcCourt of Appeals for the Federal Circuit · 2005
- Forest Laboratories, Inc. And Ony, Inc. v. Abbott Laboratories, and Tokyo Tanabe Company, Ltd.Court of Appeals for the Federal Circuit · 2003
- Jerry Gechter, Robert L. Pokress, Jeffrey A. Fried, and G. Wayne Andrews v. Wayne A. Davidson and Diana S. WinterCourt of Appeals for the Federal Circuit · 1997
- Bayer Ag and Bayer Corporation v. Biovail Corporation, and Elan Corporation, Plc and Elan Pharma, Ltd., and Teva Pharmaceuticals Usa, Inc.Court of Appeals for the Federal Circuit · 2002
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