July 23, 2015
Zylon Corp. and Alan Zamore v. Medtronic, Inc., et al.
This case involved angioplasty balloon catheters designed and patented by the plaintiff. These catheters utilized what are known as “zero fold” balloons that allow for extremely small diameters of balloon catheters. Such balloons allow surgeons to perform angioplasty on extremely small arteries and, therefore, help avoid more extensive surgical interventions. Zylon provided technical assistance to Medtronic for the eventual manufacture by Medtronic of Zylon’s zero-fold technology. Ultimately, Medtronic introduced its own version of zero-fold balloon catheters without payment to Zylon and, according to Zylon, with technology and trade secrets belonging to Zylon.
Econ One was retained by counsel for Zylon to estimate the profits to Medtronic from its alleged misappropriation and, also, to opine as to the appropriate royalty rate that otherwise would have compensated Zylon for the use of its trade secrets. Dr. Mahla submitted an expert report and provided deposition testimony. The case is expected to go to trial later this year.
