Under current federal law, the losing side in a civil lawsuit is permitted to request that it be reimbursed for its legal expenses, and judges will grant such reimbursement if the judge finds that the losing side’s case is substantially without merit. I am not an attorney, but I do play one in this blog column.
TriReme Medical LLC requested $4.7 million in legal fees reimbursement after it won a patent infringement lawsuit filed by competitor AngioScore, Inc. As the judge explained it, AngioScore’s case “wasn’t particularly strong” but it “wasn’t exceptionally weak.”