This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Khan v. Hemosphere Inc. (Nonprecedential)
These appeals arise from an action for patent infringement. Drs. Nazir Khan and Iftikhar Khan accused Hemosphere Inc., CryoLife Inc., and Merit Medical Systems, Inc., along with over 300 hospitals and individual physicians, of infringing a claim of U.S. Patent No. 8,747,344, directed to an arteriovenous shunt. The Khans challenge the district court’s decision dismissing the action with prejudice for want of prosecution due to the Khans’ insufficient and untimely service of their complaint and, alternatively, for improper venue and misjoinder. The Khans also challenge the district court’s decisions granting the defendants’ motion for sanctions and denying the Khans’ cross-motion for sanctions. Merit Medical cross-appeals the district court’s decision denying its motion to declare the case exceptional and to award attorney fees under 35 U.S.C. § 285. Because the district court did not abuse its discretion in dismissing the action, granting the defendants’ sanctions motion, denying the Khans’ sanctions motion, or denying Merit Medical’s motion for attorney fees under § 285, we affirm.