News & Insights

Dykema Client Wins Trade Secret Verdict

September 23, 2009

Los Angeles

Following a three-week trial, a California federal jury on Sept. 11, 2009 awarded a complete victory to Dykema's client, Nova Biomedical Corporation, against Medtronic MiniMed, Inc., which had brought claims against Nova for misappropriation of trade secrets, breach of contract, tortious interference and conversion. A subsidiary of Minneapolis-based Medtronic, Inc., the world's largest medical technology company, Medtronic MiniMed had claimed actual damages of over $30 million as well as a permanent injunction, a finding of willful misappropriation and punitive damages. Member Craig Hentschel led the Dykema team representing Nova, working with co-counsel from Ropes & Gray in New York.

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 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.