Case Studies

Successful Appeal of a $593 Million Jury Verdict

In April 2013, the U.S. Court of Appeals for the Federal Circuit reversed a $593 million jury verdict from the U.S. District Court for the Eastern District of Texas and found that our client, a Fortune 50 medical device manufacturer, did not infringe a doctor’s patent on heart devices. The Federal Circuit found that the district court erred in construing two claim terms and that under the correct construction our client was entitled to judgment of noninfringement as a matter of law. The U.S. Supreme Court then denied the doctor’s petition for a writ of certiorari in January 2014.


The opinion can be found here.

A press article on the case can be found here.

Substantial Copyright Settlement for a Leading Media Company

In June 2012, the firm obtained a substantial settlement for a leading media company in an important copyright case for the industry. On behalf of our client, our team asserted copyright infringement claims against a web-based software service in response to its regular reproduction and distribution of our client’s copyrighted articles to its subscribers, who include public relations professionals at corporations throughout the United States. Our client’s content was originally published mainly in the print and online editions of top news and business publications. Ultimately, the web-based software service paid a significant sum to settle our client’s claim that it engaged in unauthorized reproduction, distribution, and other misuse of proprietary news content.

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.

Largest Settlement of Patent Infringement Case in the U.S.

In January 2010, our client, the cardiac device unit of a Fortune 50 medical device manufacturer, was awarded $1.725 billion in the largest settlement of any patent infringement case in the United States. This settlement was part of a long-fought patent battle over a state-of-the-art coronary stent device which revolutionized interventional cardiology. For over a decade, the firm had been enforcing our client’s pioneering patent -- the original patent on the balloon expandable stent. The principal defendant in this case was a Fortune 500 medical device manufacturer, which in 2008 paid a judgment of over $700 million for damages caused by its first generation stent. In 2005, we proved the defendant’s latest stents, including its drug eluting stent, also infringed our client’s patents. We largely defeated the defendant’s countersuits -- four different patents.

Since the first case was filed in 1994, we won many trials and arbitrations on behalf of our client, leading to a number of large settlements. Individually, those other settlements are numbers 6, 7 and 10 on the top 10 list of largest patent settlements. Combined, the firm has obtained over $3.6 billion for our client -- four of the top 10 patent settlements ever -- which approximately equals the amount that our client has earned selling stents.

For more details, please read the article linked here.

New Jersey High Court Win for Medical Device Client

In August 2012, firm partner Peter Harvey obtained a significant win for a medical device company when the New Jersey Supreme Court ruled that products liability claims against our client were either time-barred or pre-empted. The court held that a person exercising reasonable diligence should have discovered within the statute of limitations that the product at issue caused the claimed injury. The court also said Congress meant for federal law to preempt state products liability claims against medical devices approved by the U.S. Food and Drug Administration. The ruling was a major victory for the firm’s client in a suit brought under state consumer protection statute.

For more details, please read the article linked here.