McDermott Will ‘Vindicated’ By Federal Court of Appeals
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McDermott, Will & Emery gained a reversal this week from the Federal Circuit U.S. Court of Appeals of $4.3 million in sanctions previously ordered against the firm for its role in a 2008 patent dispute with BrainLab.

The Recorder reports a three-judge panel from the Federal Circuit overruled unanimously a decision to levy sanctions against the firm by Colorado Senior U.S. District Judge Richard Matsch for its role in representing Medtronics. According to the report, the panel found Matsch was too tough when deciding that McDermott lawyers acted “cavalierly, with reckless indifference to the merits of Medtronic’s infringement claims.”

However, Judge William Bryson said in a 38-page ruling that the panel disagreed “with most of the district court’s criticisms of Medtronic’s litigation tactics.”


Terrence McMahon led the McDermott Will team. He commented on the decision to the Recorder.

“This is a complete vindication of the trial work we did for Medtronic, and I’m pleased that the Federal Circuit has concluded that we engaged in proper and zealous advocacy,” he said.

McDermott Will is headquartered in Chicago, Ill. It is one of the 10 largest law firms in the United States and one of the 20 largest in the world.

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