The jury found SurgiQuest, Inc. liable for false advertising. The jury rejected SurgiQuest’s false advertising claims against Lexion.
The case was tried before the Honorable Gregory M. Sleet, United States District Court Judge.
SurgiQuest filed the case in 2014 after an earlier filed case by Lexion had been dismissed for lack of jurisdiction.
In addition to the false advertising findings, the jury also found that Lexion had proven by a preponderance of the evidence that SurgiQuest intentionally or willfully made a false advertising statement.
The jury further found that Lexion had proven by a preponderance of the evidence that SurgiQuest intentionally or recklessly engaged in unfair competition.
The jury awarded $2.2 million in lost profit damages and $10 million in punitive damages.
“I have had the privilege of representing Lexion Medical for over 10 years,” said Baker Botts Dallas based Partner David Wille, the lead lawyer on the matter. “This was an important matter for Lexion that lasted several years. I am gratified that the jury agreed with Lexion’s position," added Mr. Wille.
"David Wille and his team did an excellent job. We have worked with Baker Botts for over ten years. We have now gone to trial in two cases with them. They are capable of handling complicated scientific matters and presenting the information to the jury in an understandable way. That was true of both our patent litigation and this false advertising litigation," said Patrick Spearman, CEO of Lexion.
The Baker Botts team lead by David Wille included Partner Paul Reilly and Associate Megan LaDriere.
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