Michael J. Lyons

Lyons completed what he described as a “marathon” when the U.S. Supreme Court refused in December to review an appellate court ruling that affirmed a nonprofit’s big-money patent infringement victory against medical device company Cochlear Ltd.

The case, which dates back to 2007, concluded with Lyons’ client — the Alfred E. Mann Foundation for Scientific Research — recovering $354 million. Most of that is from a $268 million judgment with the remainder in attorney fees and interest.

The lawsuit involved two hearing aid patents the foundation and Advanced Bionics LLC argued were infringed. Cochlear Corp. et al. v. Alfred E. Mann Foundation for Scientific Research et al., 20-362 (S. Ct, petition filed Sept. 14, 2020).

Cochlear’s resolution of the case following the Supreme Court denial of its cert petition will provide critical funding to the nonprofit in the wake of the death of Mann several years ago, Lyons said.

“They have been trying to figure out how to maintain things without their benefactor,” he said.

“It’s really gratifying to work for a client where there’s so much at stake and the outcome will do so much good,” Lyons added. “But it’s also been intellectually challenging.”

The 13-year legal battle first ended with a $131 million jury verdict against Cochlear in 2014. But U.S. District Judge Fernando Olguin of Los Angeles ordered a new trial after clearing the defendant of willful infringement and dismissing three of the four original claims.

A U.S. Court of Appeals for the Federal Circuit panel revived those three claims in 2016, sending it back to the district court.

Two years later, Olguin ruled Cochlear infringed the patents for 11 years after being notified by the foundation and doubled the damages award to $268 million for willful infringement.

In March 2020, a Federal Circuit panel affirmed Olguin’s judgment after an appellate argument by Lyons’ Morgan Lewis colleague, Thomas M. Peterson, and Donald M. Falk, an attorney with Mayer Brown LLP who represents Advanced Bionics.

J. Michael Jakes, an attorney with Finnegan, Henderson, Farabow, Garrett & Dunner LLP, argued for Cochlear on the Federal Circuit appeal. Kathleen M. Sullivan, an attorney with Quinn Emanuel Urquhart & Sullivan LLP, filed the unsuccessful writ petition.

“We’re still waiting for an opportunity to have an in-person celebration” due to COVID-19, said Lyons, who was a member of the trial team and also represented the foundation on the multiple appeals.

Lyons also was a member of a trial team that persuaded a Delaware judge to grant a permanent injunction for footwear company Gavrieli Brands LLC in a design patent and trade dress infringement case against competitor Soto Massini Corp.

The injunction, concerning Gavrieli’s popular ballet flats, followed a 2019 jury trial victory that awarded Lyons’ client $2.95 million. Gavrieli Brands LLC v. Soto Massini Corp. et al., 18-CV00462 (D. of Delaware, filed March 26, 2018).

— Craig Anderson