This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Patent Infringement
Willful Infrigement

Mark A. Barry, M.D. v. Medtronic Inc.

Published: Dec. 31, 2016 | Result Date: Nov. 11, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 1:14-cv-00104-RC Verdict –  $20,300,000

Court

USDC Texas


Attorneys

Plaintiff

David C. Holloway

Dario A. Machleidt

Sean P. DeBruine
(Law Offices of Sean P. DeBruine)

Erwin L. Cena
(Kilpatrick Townsend & Stockton LLP)

Laura K. Mullendore


Defendant

Mary-Olga Lovett

Richard Pettus

Clyde M. Siebman
(Siebman, Burg, Phillips & Smith LLP)

Scott J. Bornstein

Julie P. Bookbinder

Aimee M. Housinger

Allan A. Kassenoff


Facts

Plaintiff was a pediatric orthopedic surgeon who held patents for a spinal deformity repair procedure. He sued defendant, a medical device manufacturing company, for patent infringement.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant induced surgeons to infringe his patents by encouraging them to perform plaintiff's patented surgical procedure.

DEFENDANT'S CONTENTIONS:
Defendant denied infringement and argued that the surgical procedure had become public use.

Result

The jury found willful infringement and awarded plaintiff $20,346,390 in damages.

Other Information

FILING DATE: Feb. 18, 2014.


#85068

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390