Ryan Baker Tells Daily Journal Motion for New Trial in IMD Case is Flawed

Baker told Daily Journal on July 17, 2024: “The jury’s finding regarding the invalidity of the patents did not require the court to construe patent claims, and the court certainly has no basis now to disregard the clear and convincing jury findings by converting this case into something it’s not.”

In June 2023, Waymaker secured a sweeping 8-0 federal jury verdict for Elist and his businesses on all 10 claims that Dr. Robert Cornell violated a nondisclosure agreement he signed about Elist’s penile implant “Penuma” when Cornell then unlawfully claimed inventorship of his own device and obtained two provisional patents.

In March 2023, U.S. District Judge Consuelo B. Marshall awarded Elist $18.3 million in damages and found that plaintiffs had been irreparably harmed by defendants’ actions. The judge also invalidated both of Cornell’s patents. International Medical Devices Inc., et al. v. Cornell, et al., case number 2:20-cv-03503, in the U.S. District Court for the Central District of California.