Stout was retained to offer opinions on damages resulting from Cook Medical’s infringement of patents owned by Boston Scientific relating to hemostatic clips that are used to stop internal bleeding.

As part of a seven-day trial in Federal Court in Indianapolis (U.S. District Court for the Southern District of Indiana), John Bone, a Managing Director in Stout’s Intellectual Property practice, offered expert witness testimony on damages on behalf of Boston Scientific.

After having heard all the evidence, the jury found that Boston Scientific had proven that Cook infringed two patents related to the “novel design” for hemostatic clips that utilize reversibly operable clip arms and locking mechanisms to stop internal bleeding in a patient’s gastrointestinal tract. Boston Scientific claimed that Cook’s Instinct and Instinct Plus endoscopic hemoclips infringed the patents-in-suit and that Cook had been selling the clips since at least 2013.

Despite hearing opposing expert witness testimony on damages, the jury awarded exactly the damages that Mr. Bone said were appropriate: $142 million in lost profits that BSC would otherwise have made absent the infringement, plus $12 million in reasonable royalties on additional sales made by Cook that did not result in lost sales by BSC.