$4,683,653. That’s the total amount of the bill that the Federal Circuit stamped “due and payable” by MarcTec, a medical device maker, in MarcTec LLC v. Johnson & Johnson and Cordis Corp. , a decision handed down on Jan. 3. $3,873,865 of this amount was for attorney fees awarded under the “exceptional case” provision of 35 U.S.C. § 285, and $809,788 was for expert fees and expenses, awarded under the court’s inherent sanctioning authority.
While many practitioners include in their pleadings a claim for attorney fees under Section 285, few cases proceed to a favorable determination on the merits of such a claim. However, when these cases do, like MarcTec , the amounts can be staggering.
The Initial Lawsuit
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