On October 31, the federal district court in Boston awarded Knobbe Martens client CardiAQ $21 million in enhanced damages in a trade secret misappropriation lawsuit the company filed against former service provider Neovasc. The court also granted co-inventorship of the Neovasc transcatheter mitral valve patent to CardiAQ co-founders Arshad Quadri, M.D., and J. Brent Ratz, which provides the appropriate recognition for their significant contributions to the field of transcatheter mitral valve replacement. This has the effect of designating Edwards as a co-owner of the Neovasc patent.
On May 19, a federal jury awarded CardiAQ $70 million. In addition, the jury found that Neovasc not only breached its nondisclosure agreement with CardiAQ but also its duty of honest performance. CardiAQ was acquired by Edwards Lifesciences in 2015.
Knobbe Martens Partner John Sganga, litigation counsel for CardiAQ, stated, “CardiAQ’s founders spent years developing and innovating the company’s transcatheter mitral valve replacement program that Neovasc misappropriated for its own advantage while working for CardiAQ. We are gratified the jury recognized the value of this technology and the seriousness of Neovasc’s conduct with this substantial award.”
In addition to Sganga, Knobbe Martens’ trial team included Christy Lea, Brian Horne, and Josh Stowell.
CardiAQ hired Neovasc in 2009 for valve assembly services but did not discover until 2011 that Neovasc had developed its own competing program. CardiAQ sued Neovasc in 2014 in U.S. District Court for Massachusetts.
About Knobbe Martens
Consistently ranked among the top intellectual property firms in the nation and worldwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law, including patents, trademarks, copyrights and trade secrets. Knobbe Martens handles intellectual property litigation nationwide, including litigation at the district courts, the appellate courts, the PTAB and the ITC. Knobbe Martens has over 300 attorneys and scientists, including over 100 attorneys dedicated to intellectual property litigation. The firm has offices in Orange County, California, San Diego, Silicon Valley, Los Angeles, San Francisco, Seattle and Washington, D.C., and enjoys an international reputation for excellence. More information about the firm can be found at www.knobbe.com.
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