Haynes and Boone Wins in Heart Repair Device Patent Infringement Jury Trial

October 10, 2007

Douglas Bedell
Haynes and Boone, LLP
214.651.5815 (office)
214.651.3058 (cell)

DALLAS--A Texas jury has returned a verdict affirming the validity of Haynes and Boone, LLP client Chase Medical, LLP’s patents covering a method for surgically repairing human hearts after a severe heart attack.  The verdict finds not only infringement but that the infringement was willful.

After a three-week trial in a Northern District federal court, the jury unanimously agreed that CHF Technologies, Inc. and Endoscopic Technologies, Inc., both of Danville, Calif., had improperly infringed Chase Medical’s unique method of left ventricular reconstruction using a shaping device known as the “Chase Mannequin™.”

After two days of deliberation, the jurors concluded that Chase Medical was due lost profits of $306,669 or 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 provides the foundation for a request by Haynes and Boone attorneys for enhanced damages and attorneys fees.

“This verdict was a just and sound determination by the jury that recognized the hard, expensive, life-saving work done by Chase Medical to help surgeons reconstruct damaged hearts,” said Haynes and Boone partner Phillip Philbin, who tried the case along with fellow Dallas partner Don Templin. “We’re proud of our client’s work, and privileged to represent them in this important patent action.”

The case stemmed from patents issued Chase Medical beginning in 2004 for left ventricle repairs on people who have suffered congestive heart failure. “The defendants introduced the Blue Egg device after reviewing Chase Medical’s patent, its pending patent application and the Mannequin, so they were clearly aware of our client’s groundbreaking work in this arena,” Mr. Philbin said.

Jurors found that the defendants’ surgical method using the Blue Egg infringed on all asserted claims of Chase Medical’s two patents, both by contributory infringement and by inducing infringement by others. In its motion for judgment, the Haynes and Boone team also has sought an injunction to prevent future use of the repair method using the Blue Egg.

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, Washington, D.C., Mexico City and Moscow, providing a full spectrum of legal services. With more than 450 attorneys, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal.  The firm has been recognized by Vault.com as one of the “20 Best Law Firms to Work For,” by Corporate Board Member Magazine as one of the “Best Corporate Law Firms in America,” and has received the Minority Corporate Counsel Association’s Thomas L. Sager Award for its commitment to diversity.

Chase is a privately held company based in Richardson, Texas dedicated to providing innovative technology solutions for cardiac MRI analysis and cardiac surgical devices to improve the delivery of therapies to patients with heart failure.  Chase Medical’s foundation was built on the development of the SVR® Mannequin to resize, reshape and reorient the left ventricle in the treatment of heart failure. (SVR is a registered service mark of Chase Medical.  Mannequin is a trademark of Chase Medical.)

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