Breach of contract matter involving new ventricular stimulation system

Breach of contract matter involving new ventricular stimulation system

Retained as an expert witness on damages and testified at deposition in a breach of contract matter involving a new ventricular stimulation system.  A major medical device company entered into a merger agreement with a company that was formed to develop a new ventricular stimulation system.  As part of the merger agreement, the major medical device company was to further the develop the technology and to the extent that that technology resulted in a commercial successful product the major medical device company would make certain contingent payment and royalty payments to the representatives of the company that was acquired.  The major medical device company did not commercialize a product using the technology at issue.  Representative s of the company that was acquired alleged a breach of the agreement and claimed damages based on lost contingency payments as well as lost royalty payments.   Our analysis focused on the speculative nature of the plaintiff’s claims.  After we submitted our report and provided deposition testimony, our client prevailed on summary judgment.