Apology For 'Overheated Rhetoric' Can't Revive Patent Suit

Law360 (June 20, 2018, 9:57 PM EDT) -- A California attorney who recently apologized for inserting “overheated rhetoric” against his opposing counsel in a motion to revive a patent infringement lawsuit could not make up for a lack of evidence in the case centered on an expired license for MRI imaging, a Massachusetts federal judge ruled Wednesday.

U.S. District Judge Richard G. Stearns said the personal jab played out in a series of court documents leading up to his electronic order denying NeuroGrafix’s request that he reconsider granting summary judgment in favor of Brainlab Inc.

NeuroGrafix counsel Alex R. Straus of Tensor Law PC said he was sorry for...

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