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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2026, Barry Barnett

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Federal Circuit Upholds $4.6MM Worth of Patent Prosecution Estoppel

By Barry Barnett on January 3, 2012

If you wonder what "prosecution history estoppel" in a patent infringement case means, you might check out MarcTec, LLC v. Johnson & Johnson, No. 10-2085 (Fed. Cir. Jan. 3, 2012), in which the court affirmed an award of $4,683,653.03 in fees and expenses to the defendants.

MarcTec alleged infringement by the "Cypher stent" —…

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Barry Barnett, Susman Godfrey L.L.P.

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I take a personable and strategic approach with every client as we navigate the best path for our case.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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