Trial Testimony and Deposition Testimony

We testified as an expert witness on damages in a breach of contract matter involving cutting balloon catheter technology. A major medical device company entered into a technology transfer agreement with a doctor/inventor in connection with an effort to develop technology relating to a cutting balloon catheter. The agreement called for two different royalty rates – one rate to be applied to any licensed products and one rate to be applied to ancillary products. A dispute arose over whether certain products developed and sold by the medical device company were considered ancillary products per the agreement. Plaintiffs put forth a damages claim that included a claim for royalties on past sales of ancillary products as well as royalties on projected future sales of ancillary products. Our analysis focused on rebutting the claims of the plaintiffs' two damages experts – one expert that quantified royalties on cutting balloons and one expert that quantified royalties on products sold along with cutting balloons. We were successful in convincing the court that the opinion relating to royalties on products sold along with cutting balloons was speculative and the opinion was excluded. The parties stipulated to many of the facts relating to unpaid royalties on cutting balloons, but could not agree on the discount rate that should be applied to projected future sales. We offered testimony at trial in Miami as a rebuttal expert to the proper discount rate and the court awarded damages based on our discount rate.