Nova Biomedical Corporation Triumphs in High-Stakes Trade Secret Litigation in California
WALTHAM, Mass. - December 1, 2009 - Following a three-week trial, a California federal jury on Sept. 11, 2009 awarded a complete victory to Nova Biomedical Corporation against Medtronic MiniMed, Inc., which had brought claims against Nova for misappropriation of trade secrets, breach of contract, tortuous interference and conversion. Medtronic Minimed, a subsidiary of Minneapolis-based Medtronic, Inc., the world's largest medical technology company, had sought actual damages of over $30 million, a permanent injunction, a finding of willful misappropriation and punitive damages. A litigation team from Ropes and Gray's Intellectual Property Group represented Nova in the case.
The lawsuit, which was filed in the U.S. District Court for the Central District of California, centered around Nova's introduction of the Nova Max® Link™ blood glucose meter, which is used by diabetics to measure their blood glucose levels. The Nova Max Link meter is capable of wirelessly communicating a patient's blood glucose level to Medtronic's Paradigm®-series insulin pumps.
The jury verdict is the culmination of almost two years of litigation in which Medtronic alleged that the Nova Max Link meter's wireless communication features used Medtronic's trade secrets. Medtronic had previously sought a preliminary injunction seeking to have the Nova Max Link meter taken off the market during the pendency of the suit. Medtronic's request for a preliminary injunction was rejected by U.S. District Judge S. James Otero in May 2008.
"This is a victory not just for Nova, but for all patients who wish to use the Nova Max Link meter," said Frank Manganaro, CEO of Nova. "The Nova Max Link meter is a state-of the art meter that improves patient safety and gives people with diabetes increased choices to manage their disease."
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