U.S. District Senior Judge Richard P. Matsch, a federal judge got so fed up by the conduct of two highly regarded
trial attorneys that he overturned a jury's $51 million verdict, then ordered
the lawyers to pay the fees and costs of the opposing lawyers, a sum that could
total several million dollars.
According to Denver Post, the Judge sanctioned attorneys Terrance McMahon and Vera Elson of the firm McDermott, Will and Emery, of Chicago and San Francisco, for "cavalier and abusive" misconduct and for having a "what can I get away with?" attitude during a 13-day patent infringement trial in Denver.
He ruled that the entire trial was "frivolous" and the case filed solely to stifle competition rather than to protect a patent.
The case began in 1999, when Medtronic Navigation sued its competitor, BrainLab, claiming it had lost more than $100 million because of patent infringement. The patent in question relates to the guidance technology that assists the surgeon in very precisely and difficult situations such as the removal of a brain tumor.
For three years, the two companies couldn't negotiate a settlement. Medtronics even tried to buy BrainLab but was rejected. Then Medtronics decided to sue BrainLab and take the case to trial.
