Otto Bock Healthcare LP. V. Össur Americas, Inc.
The Preliminary Injunction was denied.
Hampton IP was retained by Knobbe Martens to review and comment on Otto
Bock's claim of irreparable harm arising from Össur's alleged
infringement of U.S. Patent No. 6,726,726 B2 titled,
Vacuum Apparatus and Method For Managing Residual Limb Volume in an Artificial Limb. Knobbe Martens asked Hampton IP to respond in a declaration to Otto Bock's
Memorandum of Points and Authorities in Support of Plaintiff's Motion
for Preliminary Injunction.
Morrison & Forester, LLP represented Otto Bock Healthcare, LP.
The patent-in-suit related to artificial limbs that include a single socket
to receive a residual limb.
Hampton IP offered opinions in rebuttal to Otto Bock's claims of irreparable
harm arising from loss of market share, price erosion, copycatting, free-riding,
loss of customer relationships, and loss of reputation. Scott Hampton
submitted a declaration in opposition to the preliminary injunction.
University of Utah Research Foundation, Myriad Genetics, Inc., et al. v. Ambry Genetics, Inc.
McDermott Will & Emery LLP retained Scott Hampton on behalf of Ambry
Genetics, Inc. and Gene by Gene, Inc. to opine on irreparable harm and
balance of hardship related to Myriad's motion in support of a preliminary
injunction related to the patent infringement matter
University of Utah Research Foundation, Trustees of the University of Pennsylvania,
HSC Research and Development Limited Partnership, Endorecherche, Inc.,
and Myriad Genetics, Inc. v. Ambry Genetics Corporation, Case Nos. 2:13-cv-00640 and 2:13-cv-00643, in the United States District
Court for the District of Utah Central Division.
The University of Utah Research Foundation, et al. filed a Motion for Preliminary
Injunctive Relief and Memorandum in Support against Ambry Genetics Corporation
relating to litigation alleging infringement of ten patents: U.S. Patent
Nos. 5,709,999; 5,747,282; 5,753,441; 5,837,492; 6,033,857; 5,654,155;
5,750,400; 6,051,379; 6,951,721; and 7,250,497. This action followed Ambry's
announcement that it would begin offering genetic testing for the BRCA1/BRCA2
mutations at a significantly reduced cost (relative to Myriad) after the
Supreme Court of the United States ruled that the process of isolating
naturally occurring DNA is insufficient to transform the natural phenomenon
into a patentable invention.
Myriad asserted claims left ambiguous by the Supreme Court. Myriad filed
a motion for preliminary injunction arguing that Ambry’s and Gene
by Gene's low prices create irreparable harm consisting of (1) price
erosion and the loss of the benefit of Myriad's established pricing
strategy; (2) the loss of market share; (3) reputational injury; and (4)
loss of the benefit of the remaining limited term of patent exclusivity
and Myriad's business plans for that period, as well as the inability
to fully obtain its reliance interest obtained by disclosing its discovery
and investing hundreds of millions of dollars to commercialize that discovery
in exchange for a limited exclusive right.
Myriad was represented by Parsons Behle and Latimer.
Mr. Hampton submitted a declaration in support of Defendants’ Opposition
and a supplemental declaration in response to declarations of Thomas N.
Parks, David W. Pershing, and Dr. James R. Kearl.
Won-Door Corporation v. Cornell Iron Works
Hampton IP was retained to submit a Declaration in opposition to the Won-Door's
Motion for Preliminary Injunction and to determine whether Plaintiff's
motion and supporting declarations demonstrate the elements necessary
to establish irreparable harm if the Court denied Won-Door's request
for a preliminary injunction. Won-Door's motion for preliminary injunction
claimed irreparable harm if Cornell was not enjoined from selling its
allegedly infringing door products.
The Trask Britt Law Firm represents Won Door
The patent-in-suit related to header assemblies and overhead tracks.
Scott Hampton submitted a declaration that contained his opinions on irreparable
harm arising from loss of market share, loss of customer relationships,
loss of reputation, price erosion, and loss of market position.
Catheter Connections, Inc. v. Ivera Medical Corporation
Preliminary injunction granted; bond was ordered
The law firm of TraskBritt, P.C. (Salt Lake City, UT) retained Hampton
IP & Economic Consultants, on behalf of Catheter Connections, Inc.,
with regard to Case No. 2:14-cv-00070 in the United States District Court
for the District of Utah, Central Division, to opine on irreparable harm
related to Catheter Connections, Inc.’s motion in support of a preliminary
The infringing product was a disinfecting cap for a medical male luer connector.
We submitted declarations in support of a preliminary injunction and provided
deposition testimony. We also submitted a declaration in support of brief
on the issue of whether a bond should be required, along with an appropriate amount.