John B. Sganga

When Sganga's client was facing a patent infringement suit over dental implant designs, the company was ready for a fight.

"We decided that we were going to take this to the mat, unlike a bunch of co-defendants who settled," Sganga said. "It took more gumption than usual, because we had more at stake than anybody else."

His client, Nobel Biocare, a major player in the dental implant industry, was sued by a dentist who alleged the company had infringed on two of her patents for dental implant design. Small v. Nobel Biocare USA LLC et al., 06-0683 and 05-3225 (S.D.N.Y., filed Jan. 30, 2006 and March 24, 2005, respectively).

Two of Nobel's most popular lines were at issue, along with about $50 million in potential damages.

"There was an interesting twist," Sganga said. "This was an example of the patent owner trying to be clever and going back to the patent office to correct perceived weaknesses in the patent, and attempting to cover the latest product that my client came out with. It backfired in the long run, and the judge saw through it."

After judgment was granted against her, the plaintiff dismissed the case last year.

"One of the advantages of being an industry leader, and having the history, is that you can look at the technology and recognize when things are being recycled," Sganga said.

The case should serve as a lesson to defendants facing similar circumstances, he added.

"They need to make a policy that they can't write a check to everybody who comes along when there is no merit in the case," Sganga said. "It's easy to start a lawsuit, but it's harder to prove your case in the long run."

- Pat Broderick