David I. Gindler

Gindler's docket is often loaded with patent disputes for life sciences clients. The Irell & Manella LLP partner was retained after Zoll Medical Corp., a leading maker of external defibrillators and other cardiac resuscitation devices, lost on liability in a patent infringement dispute while represented by another firm.

His job: handle the damages phase. "That was challenging and fun," he said of his experience in federal court in Boston. Gindler saved his client Zoll Medical Corp. in a lawsuit against Koninklijke Philips Electronics N.V., known as Philips, from a substantial payout when the jury in August ordered Zoll to pay just 3 percent of the $217 million that the plaintiffs sought. Koninklijke Philips Electronics N.V. v. Zoll Medical Corp., 10-CV11041 (D. Mass., filed June 18, 2010).

Gindler's first move was to secure multiple appellate victories for Zoll on the liability finding, including reversing the verdict that several asserted patent claims were not invalid as anticipated. "We pointed out on appeal that prior counsel had presented a good invalidity case through prior art, and the [Federal] Circuit agreed," he said.

"On retrial, our argument was that it is Zoll's own tremendous innovations that drive the company's value, not Philips' patents, and that resonated," Gindler said. The jury awarded $10.4 million to Philips and $3.3 million to Zoll on its infringement counterclaims, resulting in a net $7.1 million to Philips -- far less than the $217 million it sought.

Gindler said he learned a lot from the case. "The technology is extraordinary. I had no idea of the medical innovations in play. In fact, I never used to notice defibrillators at all." The devices are often found in health clubs, resorts and other public spaces where bystanders can aid those suffering heart attacks. "Now I do notice them each and every time -- and often they are made by my client."

The trial took seven days. "It was one of those trials where I felt that our Irell team and Zoll's witnesses did a truly outstanding job each day," Gindler said. "Then you wait for the verdict. No one can tell you anything is a lock. All you can do is your best."

Gindler's career has proceeded without a technical background. "I was not the person looking for the next hard science class to take in school," Gindler said. "Now I have the best job ever, because people pay me to learn how these things work. The real fun part about trying patent cases is that you have to be able to unwind the technology so jurors can understand it. The better teacher you are, the better lawyer you are."

-- John Roemer