Dr. James Elist and IMD Seek $46M in Damages After Penile Implant Trial Win Reports Law360

Beverly Hills urologist Dr. James Elist, International Medical Devices and Menova have asked the district court for approximately $46 million in damages after a California federal jury, on June 16, 2023, found a Houston-based urologist and others stole trade secrets and infringed other intellectual property rights related to a cosmetic penile implant Dr. Elist had developed over decades reported Law360 on August 7, 2023.

After three years of litigation against Dr. Robert Cornell and others, the jury invalidated two patents and unanimously found for plaintiffs on nearly every single liability issue.

“Defendants’ theft was premeditated and malicious and supports additional exemplary damages,” the plaintiffs said. Because of that, Waymaker’s clients asked for royalties and exemplary damages in addition to a permanent injunction against the defendants.

“Plaintiffs are entitled to a reasonable royalty for the trade secrets that were misappropriated, and that number gets a lot higher when looking at available exemplary damages,” said Waymaker Partner Ryan Baker, who was lead attorney in the case. The $46 million dollar figure also includes disgorgement of monies paid to Dr. Cornell’s practice based on trademark infringement and statutory damages for counterfeiting.