IMD Deserves $46 Million in Damages After Penile Implant Trial Win Ryan Baker Tells Judge

Partner Ryan Baker urged a California judge to award nearly $46 million to Beverly Hills urologist Dr. James Elist and his company International Medical Devices (IMD) after Waymaker’s unanimous federal June trial win in a contentious trade secrets case, saying his client deserves $15 million in royalties that should be tripled for willful and malicious conduct, reported Law360 on October 25, 2023

Arguing against the minimal damages theory presented by the defense, Baker told the judge, “They can steal everything and walk out, do nothing with it, or they can get caught red-handed and be prevented from the court from doing anything, and if they get caught, they don’t owe anything,” Baker said. “They can’t lose. That’s not how it works, Your Honor.”

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 that Beverly Hills urologist Dr. Elist had developed over decades. 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.