Colibri Heart Valve LLC v. Medtronic Corevalve LLC

DOLLAR AMOUNT: $106.4 million

CASE NAME: Colibri Heart Valve LLC v. Medtronic Corevalve LLC

TYPE OF CASE: Patent infringement

COURT: U.S. Central District

JUDGE(S): Judge David O. Carter

PLAINTIFF LAWYERS: Bartlit Beck LLP, Steven E. Derringer, Meg E. Fasulo, Matthew R. Ford, John M. Hughes, Katherine E. Rhodes, Taylor Kelson; Hilgers Graben PLLC, Theodore D. Kwong; Skiermont Derby LLP, Mieke K. Malmberg:

DEFENSE LAWYERS: Saunders & Associates APC, Gary S. Saunders; Trépanier Tajima LLP, Lisa D. Trepanier; Larson LLP, Rick L. Richmond; Foley & Lardner LLP, Troy S. Tessem; Bohm Wildish & Matsen, LLP, James G. Bohm

To show a federal jury how his patented method is used to replace a heart patient's aortic valve, the inventor used a sheet of poster board and a big cardboard tube.

Texas interventional cardiologist David Fish "got off the witness stand, stood in front of them [and] ... taught the jury about this," said Steven E. Derringer, one of his attorneys. "And the way he explained it ... made a lot of sense."

In a procedure called transcatheter aortic valve replacement, an artificial valve is compressed into a metal stent and then threaded up the femoral artery, over the heart and down into position atop the damaged natural valve.

It must be positioned precisely. In Fish's invention, the stent and valve are like the poster board rolled up inside a tubular sheath. His method allows a doctor to partially "unroll" the new valve and assess its position, but then pull it back and reposition it if needed. His invention basically gives doctors additional chances "to stick the landing," Derringer said.

Medical device giant Medtronic's CoreValve unit makes a number of artificial aortic valves that compete with those made by Fish's company, Colibri Heart Valve. In its lawsuit, Colibri accused Medtronic of having doctors use Fish's patented method with its valves. Colibri Heart Valve LLC v. Medtronic CoreValve LLC, 8:20-cv-00847 (C.D. Cal., filed May 4, 2020).

MEG E. FASULO

"Medtronic made a big deal out of the fact that they had a whole line of these medical devices that gave the doctor this great opportunity to recapture and reposition replacement valves," Derringer said. In fact, one of the big company's valve lines is named EvolutR. A Medtronic witness confirmed during cross-examination by plaintiff's attorney John Hughes that the R in the name stands for recapture, reposition and redeploy, Derringer said.

Hughes said other important witnesses were Fish and another top cardiologist, who each testified about having installed more than 100 Medtronic valves by using the patented method.

On the other hand, the defense expert was not a medical doctor. "His Ph.D. was in business from a small school in Louisiana," Hughes said. "When the jury learned that, I think that was a big moment."

During his cross-examination, Hughes said he took a Medtronic device and showed the jury how it worked. "The jury could see with their own eyes that it operated the way that we said it did. It practiced the patented method."

At the same time, the defense expert "pretended that he couldn't really see it and had a vision problem on the stand," Hughes said. "I think it really hurt his credibility."

MATTHEW R. FORD

After the weeklong trial early last year, the jury awarded royalty damages to Calibri of about $106.5 million.

Defense attorneys did not respond to an email seeking their comments on the verdict. They have appealed to the Federal Circuit. Oral argument is likely to be later this year.

-- Don DeBenedictis