Top Defense Verdicts — CareFusion 303 Inc. v. Sigma International

Michael J. Bettinger pumped a good deal of time and energy last year into defending his client, Livonia, Mich.-based Sigma International Inc.

In that case, Carefusion 303 Inc. v. Sigma International, 10-442 (S.D. Cal., filed Feb. 26, 2010), San Diego-based IV infusion pump maker CareFusion 303 Inc. alleged rival Baxter Healthcare Corp. - which distributes pumps through its subsidiary, Sigma International - had infringed on one of its patents, and sought $175 million in lost profit damages and a permanent injunction.

Bettinger and other K&L Gates LLP attorneys helped Sigma reach what he calls an unlikely jury verdict of no infringement.

"Everything pointed that it wasn't going to happen. It was a local San Diego company in the health care industry," said San Francisco-based Bettinger, lead counsel for Sigma International. "Given the quality of the opposition, convincing the jury to see it our way was particularly good. It reinforces that we had picked the right themes and approached it in the right way."

One such theme, which Bettinger said "seemed to resonate with the jury," was the relationship between Wall Street banks and CareFusion. He argued the case was in large part an effort by Wall Street banks to help New York Stock Exchange-traded CareFusion maintain its leading share of the IV infusion pump market.

With the verdict, Sigma, one of CareFusion's major competitors, remains in the marketplace.

"Had we been taken out of the market, then it's kind of a one-party market and they can do what they want with the price of those pumps, which are critical for dispensing the medications," Bettinger said. "It's good for everybody. That's what you want - choices."

But helping Sigma remain in the market and in turn helping to give consumers more choices was no easy task. Bettinger gives plaintiff's counsel DLA Piper much credit forits work.

"They worked the case up very well before trial," Bettinger said. "I thought they were a very worthy opponent. We had to retool each night."

DLA Piper's John Allcock could not be reached for comment.

- ANDREW MCINTYRE

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