Jury Win for Medical Device Manufacturer in Patent Trial

In June 2012, a Florida federal jury ruled in favor of our client, a Fortune 50 medical device manufacturer, finding that two lines of its contact lenses did not infringe a patent covering a type of soft contact lens that can be worn for extended periods of time. A U.S. District Judge entered final judgment following the jury’s verdict for our client. As an alternative basis for the judgment, the Judge found that our client was entitled to judgment as a matter of law based on the plaintiff's failure to prove infringement after a cross-examination in which our opponent’s expert admitted that he had not performed the scientific tests described in his expert report. Based on these admissions, we moved to strike the expert’s testimony. The Court took that motion under submission and allowed the jury to return a verdict.

After the verdict – and as a further basis for its judgment of noninfringement – the District Court granted our motion to strike the testimony of our opponent’s expert and concluded that, with its expert’s testimony stricken, our opponent lacked evidence needed to prove infringement. Our opponent then appealed, and on appeal, the Federal Circuit upheld the exclusion of the expert’s testimony and affirmed the judgment of noninfringement.