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Date: 04-25-2005

Case Style: Medtronic, Inc. v. Dr. Gary Michelson and Karlin Technology, Inc.

Case Number: 2001cv2373

Judge: Jon Phipps McCalla

Court: United States Distrcit Court for the Western District of Tennessee

Plaintiff's Attorney:

Leo Bearman of Baker, Donelson, Bearman & Caldwell, Memphis, Tennessee

Defendant's Attorney:

Robert G. Krupka of Kirkland & Ellis, Los Angeles, California and Marc Marmaro of Jeffer, Mangels, Butler & Marmaro LLP, Los Angeles, California

Description:

Medtronic, Inc. sued Dr. Gary Michelson and his company, Karlin Technology, Inc. claiming that the defendants breached their 1994 contract by trying to sell the doctor's spinal fusion technology to the plaintiff's rivals.

The defendants counterclaimed alleging that Medtronic shorted them on royalties due under the contract and failed to properly market the defendants' spinal fusion invention. The defendants claimed $1.7 billion in compensatory damages and sought punitive damages.

Outcome: Plaintiff's verdict in October 2004 for $110 million in compensatory damages and $400 million in punitive damages. Settled for $1.35 billion including $800 million to acquire Dr. Michelson's patent rights.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None



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