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MEDTRONIC NAVIGATION v. BRAINLAB MEDIZINISCHE

Nos. 2009-1058, 2009-1059.

603 F.3d 943 (2010)

MEDTRONIC NAVIGATION, INC. (formerly known as Surgical Navigation Technologies, Inc.), Medtronic Sofamor Danek, Inc., and Sofamor Danek Holdings, Inc., Plaintiffs-Appellants, and St. Louis University and Trustees of Dartmouth College, Plaintiffs, and McDermott Will & Emery LLP, Nonparty-Appellant, v. BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH, BrainLAB AG, BrainLAB USA, Inc., and BrainLAB, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 26, 2010.

Attorney(s) appearing for the Case

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were William G. McElwain, Amy J. Nelson; Mark C. Fleming and Felicia H. Ellsworth, of Boston, MA.

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for nonparty-appellant. With him on the brief were Robert N. Hochman and Tacy F. Flint, of Chicago, IL.

Jay R. Campbell, Renner, Otto, Boisselle & Sklar, LLP, of Cleveland, OH, argued for defendants-appellees. With him on the brief were Joshua M. Ryland, Todd R. Tucker and Kyle B. Fleming. Of counsel was John J. Del Col.

Opinion for the court filed by Circuit Judge BRYSON. Concurring opinion filed by Circuit Judge LOURIE.

BRYSON, Circuit Judge.

Medtronic Navigation, Inc., Medtronic Sofamor Danek, Inc., and Sofamor Danek Holdings, Inc., (collectively, "Medtronic") and trial counsel McDermott Will & Emery LLP ("McDermott") appeal from a district court order awarding attorney fees, costs, expenses, and interest in the amount of $4,382,031.36. We reverse.

I

Medtronic brought this patent infringement action in 1998. The accused devices included the defendants' VectorVision...

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