Life Sciences IP Litigation

In June 2018, Cooley won a two-week jury trial for client HyperBranch Medical Technology, Inc. in a competitor patent litigation suit in the District of Delaware. HyperBranch was a 22-person medical device startup that launched its innovative surgical sealant product in the US in mid-2015. Almost immediately after HyperBranch’s entry into the US market, Integra LifeSciences, a $1 billion medical device competitor, filed a patent infringement lawsuit. Integra sought to bury HyperBranch in litigation by asserting 109 claims across six different patents and seeking a preliminary injunction.

Cooley’s lawyers defeated the preliminary injunction motion and scored further victories at claim construction, where the Cooley team invalidated all asserted claims of one of the patents-in-suit and other asserted patent claims. At summary judgement, the team secured a non-infringement ruling on all claims of another asserted patent. Weeks before trial, Cooley received a finding of obviousness from the PTAB, further narrowing and changing the complexion of trial in our client’s favor. In a resounding defense verdict across the board at trial, the jury found both non-infringement and invalidity on multiple ground for all asserted claims. On the heels of the jury verdict, HyperBranch was acquired by a multi-national medical device company for $220 million.