Heart Repair Device Patent Infringement Jury Trial
Emerson, (John) Russell
, Philbin, Phillip B.
Services: Intellectual Property Litigation
A Texas jury returned a verdict affirming the validity of Haynes and Boone, LLP client Chase Medical, Inc.’s patents covering a method for surgically repairing human hearts after a severe heart attack. The verdict found not only infringement but that the infringement was willful. Jurors concluded that Chase Medical was due lost profits of $306,669 and royalty damages of $131,725 because the defendants marketed a device, “the Blue Egg,” which mimicked the Mannequin. The jury’s unanimous finding of willful infringement provided foundation for a request by Haynes and Boone attorneys for enhanced damages and attorneys fees.