Federal Circuit Reverses $4.3 Million Sanction Against McDermott and Medtronic

The Federal Circuit reversed a $4.3 million sanctions order Monday against noted trial lawyer Terrence McMahon's firm, McDermott, Will & Emery, and client Medtronic. Colorado federal Judge Richard Matsch had excoriated McMahon and his co-counsel for proceeding "cavalierly, with reckless indifference to the merits of Medtronic's infringement claims," in a patent dispute with BrainLAB over surgical equipment. But a three-judge Federal Circuit panel unanimously concluded that the judge was too tough on the McDermott lawyers.

Terrence McMahon got some vindication Monday.

The Federal Circuit U.S. Court of Appeals reversed a stinging $4.3 million sanctions order against the noted trial lawyer’s firm, McDermott, Will & Emery, and client Medtronic Inc.

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