Medical Device Company Infringes On Competitor’s Intellectual Property


Medical Device / Intellectual Property Expert

This case involves a patent infringement involving several varieties of medical devices. Senior management officials at the defendant company allegedly stole design information for a stent delivery system as well as a balloon catheter from a smaller medical device development company and attempted to secure a patent for the stolen technology. An expert with experience in the design, engineering, and testing of these medical device components was sought to discuss claim construction, noninfringement, and invalidity.

Question(s) For Expert Witness

  • 1. Please describe your design, engineering, and testing experience with the devices and device components mentioned in the case summary.
  • 2. Please describe your experience assessing patent infringement.

Expert Witness Response E-000217

I have spent my life developing minimally invasive surgical and interventional technologies, including catheters and stents. Over my career, I have been involved in a broad range of technology development efforts including stent fabrication. I have co-founded medical device companies which developed laser angioplasty catheters and endoscopes used in minimally invasive vascular surgery. I spent considerable effort developing testing protocols for stent and catheter flexibility. As a physician, I have performed angioplasty and stent placement procedures. While working as a consultant for a national surgical corporation, I helped develop stents for intravascular application. I served on a surgery and bioengineering study section for 16 years and served as chair of a cardiovascular and interventional devices study section for 4 years. Both of these study sections dealt extensively with stents, atherectomy catheters, and novel balloon systems for opening blocked vessels. I am a professor of bioengineering, electrical engineering, and surgery at a west coast university. I teach courses on design and application of minimally invasive surgical and interventional devices to engineering graduate students. I also serve as a member of a science advisory board on the subcommittee for the devices and radiologic health. I have served as an expert witness in more than 15 intellectual property matters, several of which dealt with some form of balloon stents and guide wires.

Expert Witness Response E-021926

The majority of my academic career has been devoted to modeling endovascular devices virtually, which requires extensive testing of said devices physically. I have tested countless endovascular devices myself over the last 15 years and I have worked extensively with stent delivery systems, balloon catheters, and stent crimpers. My experience includes working not only with the devices themselves but also with the machines used to build and test them. Approximately 100 of my peer-reviewed journal and conference papers deal with endovascular devices.  My work on modeling endovascular devices has also generated a successful early-stage company. That same work earned me a career award from a national science foundation and a technology network award for health medicine. I am currently directing a related product development program at a major information technology company. I have also participated in a number of legal cases pertaining to endovascular devices. My foray into intellectual property litigation was as an expert on a consumer electronics case.  In addition, I hold around 10 patents myself and am therefore familiar with the context of patent law.

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