Marctec, LLC v. Johnson & Johnson’s Empirical Analysis

Citation profile

11 federal appellate · 6 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A case may be deemed exceptional under § 285 where there has been willful infringement, fraud or inequitable conduct in procuring the patent, misconduct during litigation, vexatious or unjustified litigation, conduct that violates Federal Rule of Civil Procedure 11, or like infractions. Where [ ] the alleged infringer prevails in the underlying action, factors relevant to determining whether a case is exceptional include the closeness of the question, pre-filing investigation and discussions with the defendant, and litigation behavior. WRere a patentee prolongs litigation in bad faith, an exceptional finding may be warranted. Absent litigation misconduct or misconduct in securing the patent, a district court can award attorney fees under § 285 only if the litigation is both: (1) brought in subjective bad faith; and (2) objectively baseless. Under this standard, a patentee’s case must have no objective foundation, and the plaintiff must actually know this. Whether a case is objectively baseless requires an objective assessment of the merits.”

   1 later decision quote this exact passage · from the majority
   e.g. Boston Scientific Corp. v. Cordis Corp.

2. “[The expert’s] theory - that spraying droplets at an unrealistic speed, approaching the speed of sound (and unrelated to anything that happens in the [defendant’s device’s] coating process) would increase the temperature of the droplets — in ways that cannot be measured — for 5 millionths of a second (0.000005 seconds) is an untested and untestable theory that is neither reliable nor relevant to the issues at hand,”

   1 later decision quote this exact passage · from the majority
   e.g. 122 F. Supp. 3d 1114 - General Protecht Group, Inc. v. Leviton Manufacturing Co.

3. “found that, even after [the plaintiff] had evidence that [the defendant’s] stent’s coating is applied at room temperature and does not bond using heat, MarcTec continued to pursue its frivolous case “by relying on mischaracterizations' of the claim construction adopted by this Court and expert testimony that did not meet the requirements for scientific reliability or. relevance.. ¡. ””

   1 later decision quote this exact passage · from the majority
   e.g. 122 F. Supp. 3d 1114 - General Protecht Group, Inc. v. Leviton Manufacturing Co.