Spineology v. Wright Medical was decided on December 14, 2018 on appeal from the District of Minnesota. The district court granted defendant Wright’s motion for summary judgment of non-infringement. The district court then denied Wright’s motion for attorney fees, holding that plaintiff Spineology’s positions were not so meritless as to render the case exceptional. Wright appealed.
The Federal Circuit affirmed the denial of attorney fees.
The district court did not abuse its discretion in not awarding fees. While Spineology’s proposed claim construction was ultimately rejected at summary judgment, “the attempt was not so meritless as to render the case exceptional.” Spineology’s damages theory similarly did not render the case exceptional. “A district court need not… litigate to resolution every issue mooted by summary judgment to rule on a motion for attorney fees.” In the attorney fees determination, the district court was not obligated to decide damages issues mooted by the summary judgment of non-infringement. Moreover, the district court explained that “even if it had excluded Spineology’s damages expert, Spineology’s damages theories are not so meritless as to render the case exceptional.” Lastly, the district court did not err in finding that Spineology’s conduct during the litigation was not exceptional.
The Federal Circuit refused to remand the case for a more complete assessment of exceptionality under §285. “The district court had no obligation to write an opinion that reveals its assessment of every consideration.”
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Spineology, Inc. v. Wright Med. Tech., Inc., 910 F.3d 1227 (Fed. Cir. 2018)