Notable Representations in Medical Device IP
- Prepared and prosecuted a patent application for a steerable coronary angioplasty balloon catheter and successfully litigated priority of invention in an interference proceeding in the USPTO. On issuance of the patent he led a suit against a third-party for infringement resulting in a settlement of $8 million for the client.
- Provided early strategic IP guidance and pivotal representation to initiate an interference proceeding concerning synthetic vascular grafts, and early prosecution of the interference that provided a foundation for eventual victory. The resulting patent was ably enforced by other counsel in an infringement suit against the interference opponent, resulting in a verdict that the patent was valid and infringed with a judgment for the client of $371 million plus future payments.
- Upon learning of issuance of a patent on rapid exchange PTCA catheters to a client’s competitor for a similar, then pending, application of the client, developed and single-handedly implemented a strategy that included initiating an ultimately successful interference proceeding. Upon issuance of the patent to the client, an infringement suit was filed against the competitor and within a few weeks from filing the complaint a settlement of $100 million was achieved.
- Prepared and prosecuted a substantial portfolio of patents relating to cardiovascular technology including angioplasty catheters. The patent portfolio represented a major asset of a business that was sold for $550 million.
- Successfully prosecuted a patent application for a semi-compliant angioplasty balloon. The resulting patent, asserted by the client against an infringer, was found by a jury to be valid, infringed and enforceable, resulting in a judgment of $19 million in damages.