Yetter Coleman LLP of Texas recently had one of its most important dismissals upheld in a North Carolina court.
On June 7, the Federal Circuit affirmed a dismissal of patent infringement claims the firm secured in early 2017 for RadiaDyne, a medical device developer. The trial court in the Eastern District of North Carolina had dismissed claims made by Polyzen, Inc., a North Carolina-based medical device manufacturer, that RadiaDyne infringed two patents.
Yetter Coleman attorneys Collin Cox, Tom Morrow and Chris Johnson secured the dismissal in the trial court by proving that an early contract between the parties gave RadiaDyne ownership of its balloon design, and that Polyzen’s patents covered that RadiaDyne-owned design, making RadiaDyne a co-owner and depriving Polyzen of standing.
Also in the trial court, Polyzen asserted claims of breach of contract and trade secret misappropriation, and RadiaDyne counterclaimed for breach of contract, unfair competition and trespass to chattels.
The non-patent claims were tried to a jury in a four-day trial in Raleigh, North Carolina in 2017. Yetter’s team secured a defense victory, with RadiaDyne prevailing on its counterclaims and Polyzen’s claims being either rejected by the jury or resulting in only nominal damages. After the district court entered final judgment, Polyzen appealed, leading to the Federal Circuit’s June 7, 2018 order in RadiaDyne’s favor, affirming the district court’s judgments on all grounds—a long-sought victory for RadiaDyne after nearly seven years of litigation with Polyzen.
The firm was recognized in the 2017 edition of Texas’ Leaders In The Law for having the #2 verdict in Texas for 2016.