Patterson Thuente IP and its long-time client Cardiac Science Corporation are celebrating a victory in a dispute involving the company’s wearable defibrillator technology. On May 22, a 12-person jury in Los Angeles Superior Court unanimously decided in favor of Cardiac Science’s breach of contract claims against ZOLL Medical Corporation and ZOLL LifeCor Corporation, awarding Cardiac Science $22,991,985 in unpaid royalties.
Nishita Patel, Cardiac Science VP and General Counsel stated, “This unanimous jury verdict represents a significant victory for Cardiac Science and the extensive damages validate the significant value of Cardiac Science’s wearable defibrillator technology and other technologies in the AED space. We will continue our commitment to protect our intellectual property and innovation.”
The dispute related to Cardiac Science’s patented wearable cardioverter defibrillator technology. In 2002, LifeCor, Inc. began marketing its LifeVest® product, which infringed Cardiac Science’s patent rights. LifeCor reached a cross-licensing agreement with Cardiac Science that enabled it to continue providing its product to patients. However, shortly after ZOLL Medical acquired LifeCor’s business in 2006, ZOLL refused to honor terms of the deal. Cardiac Science sued ZOLL for unpaid royalties in 2011. The dispute was the subject of a three-week trial.
“We were gratified that the jury unanimously rejected ZOLL’s excuses,” said Patterson Thuente trial lawyer Eric Chadwick. “The verdict vindicates Cardiac Science’s long-running effort to successfully resolve this dispute.”