Selected Case Descriptions

Patent Infringement Case involving Orthopedic Spinal Implants

The plaintiff in the case, a surgeon-owned spinal implant company, claimed that the defendant, a large orthopedic original equipment manufacturer (OEM), failed to pay royalty payments for agreed upon spinal implants and that the defendant’s product redesign also infringed their patents. My investigation consisted of extensive patent and prior art review and required a day-long deposition.

Breach of Contract and Trade Secret Misappropriation

The plaintiff in the case, a board certified spinal surgeon, filed suit against the defendant, a large orthopedic OEM, based on claims for breach of contract, breach of implied covenant of good faith and fair dealing, trade secret misappropriation, and fraudulent inducement. My investigation consisted of the review of overall project objectives and timelines, design history file documentation, patent and prior art review, and contractual obligations of both parties. I was deposed twice for this case, the case went on to trial, and I was required to testify in court for a full day of the trial.

Theft of Confidential and Proprietary Information, Trade Secrets, and Employees

The plaintiff in the case, a spinal implant company, claimed that the defendant, a former employee, stole confidential and proprietary information, trade secrets, and employees to start a company that unlawfully competed with the plaintiff. I was asked to opine as to whether the defendant could produce the products that they manufactured and sold in the given time frame and with the internal resources available at the time. My investigation included a comprehensive review of both companies’ complete product portfolios. This review included design history files, 510(k)s and regulatory submissions, designing surgeon and product development team communications, design specifications, and manufacturing setup and processing. I provided a thorough expert report documenting my findings on all products, reviewed and commented on other expert reports, and assisted attorneys with deposition prep and deposition of experts.

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