Brattle Economists Assist in Obtaining $4 Million Award in Medical Device Patent Infringement Trial

Testimony provided by Brattle economists contributed to a favorable ruling for medical device company Smith & Nephew, which was awarded $4 million by a Massachusetts federal jury on September 4th in a patent infringement suit it brought against rival company Hologic Inc. The damages for lost profits were awarded after the jury ruled that Hologic’s hysteroscopic MyoSure Tissue Removal Device infringed two patents owned by Smith & Nephew. The dispute first came to suit in 2009, when Smith & Nephew sued Interlace Medical Inc. – acquired by Hologic in 2011 – alleging the MyoSure device infringed patents Smith & Nephew already owned. On behalf of Smith & Nephew, Brattle senior associate Armando Levy supported former Brattle expert Greg Duncan.