Top Plaintiffs' Verdicts by Dollar: Alfred E. Mann Foundation for Scientific Research et al. v. Cochlear Corp. et al.

Morgan, Lewis & Bockius LLP partner Daniel Grunfeld's initial attraction to The Alfred E. Mann Foundation for Scientific Research's patent infringement case against Cochlear Corp. was its "sex appeal."

Both organizations produce technology related to cochlear implants, and while devices surgically inserted into a person's ear to restore hearing ability may not scream "sexy" to everyone, Grunfeld was sure he had a "great jury trial" on his hands.

Part of the intrigue for Grunfeld was the fact that the foundation was suing a corporation that dominates 70 percent of the world market for cochlear implants. And because the foundation recycles its profits into research, a loss would undermine its ability to create products "intended to help mankind."

"There really was a David versus Goliath feel," Grunfeld said.

And "David" won. Not only did the jury find that Cochlear willfully infringed the foundation's patents - awarding the foundation $131.2 million in damages - but several jurors also made a point of telling the Morgan Lewis team how helpful their analogies and visual aids had been during the trial.

"That was great, because you sit there and the whole show is for the benefit of the jury, but of course they can't tell you," Lyons said. Alfred E. Mann Foundation For Scientific Research v. Cochlear Corporation et al., 07-CV08108 (C.D. Cal., filed Dec. 13, 2007).

Presenting the technology in the case had been one of several obstacles Grunfeld, partners Daniel Johnson Jr., Michael J. Lyons and the rest of the Morgan Lewis team faced on their path to victory.

Most of the technology "was going to be completely new" for the jury, Lyons said.

An additional hurdle was the pretrial witness list, which "wasn't adequate," Johnson said, leaving the Morgan Lewis team with less than six months to add four witnesses and allow the other side discovery before trial.

Grunfeld said there were literally tears of joy from his client when the verdict was announced.

"These are scientists and engineers who basically dedicate their lives to improve the conditions for humanity," Grunfeld said. "When the jury came back, it meant everything to them. It gratified not only what they were doing, but why the foundation exists."

"Every once in a while we can do some good and make some money," Lyons said.

- ALISON FROST