Medical Device Patents

In a case involving patents related to a medical device, counsel for a leading healthcare company retained Dr. Michael Keeley and Cornerstone Research.

The plaintiff and its affiliated entities sued a leading healthcare company for infringement of certain of its patents related to a medical device. Counsel for the defendants retained Dr. Michael Keeley, a senior vice president of Cornerstone Research, to assess potential damages and to respond to the plaintiffs’ damages expert’s calculations of lost profits and reasonable royalty damages.

As part of his work, Dr. Keeley examined non-infringing alternatives, the value of the accused product’s features that were supposedly related to the patents-in-suit, and the comparability of various license agreements. He also addressed the applicability of convoyed sales, the limitations on the plaintiffs’ claims of lost profits damages due to the relationships among the plaintiffs’ corporate entities, and reasonable royalties based on a detailed Georgia-Pacific analysis.

The parties settled prior to trial.