Sasso v. Medtronic, Inc.

Over 3 decades of experience providing dedicated and results-oriented legal counsel to Indiana.

I am currently representing Dr. Rick Sasso in litigation against Medtronic, the world’s largest medical device maker. Dr. Sasso is a spine surgeon and an inventor. He sold valuable intellectual property to Medtronic with a series of agreements over a period of nearly ten years. After two arbitrations and a month long jury trial, Medtronic has been found to have breached five separate agreements for the sale of intellectual property that has contributed to five commercially successful medical devices used for treatment of spinal disorders. After a month of trial, on November 28, 2018, a Marshall County jury awarded Dr. Sasso $112,452,269. for breaches of two separate agreements. That evening was the highlight of this 59 year old lawyer’s legal career. The jury verdicts are attached, as is Medtronic’s motion to correct error, our response, and the order denying the motion to correct error.

Anything this big is a group effort. 38 year old Joe Williams of Riley Williams & Piatt was my co-counsel at trial. Jere Humphrey of Wyatt Humphrey & Clevenger was the best and most experienced local counsel ever. His wife Karen and her lunches took care of the entire trial team. Patent lawyer John Bradshaw of Bradshaw Law helped immensely from the beginning with deep knowledge about patents. Amy Pardieck of Perceptual Litigation LLC helped us immensely with jury selection, witness preparation at trial, and pretrial jury exercises. I worked in a different firm during the trial and received around the clock help from attorney Ryan Leagre and paralegal Krista Cox.

We are defending two separate appeals and plan to cross appeal the trial court’s granting of summary judgment on the issue of bad faith under Tennessee law, the jurisdiction picked by Medtronic in the two contracts.

Dr. Sasso and I were classmates at Wabash College, Class of 1982, and co-captains of the Wabash tennis team. Wabash always fights!!!!

     SEE JURY VERDICT           MOTION TO CORRECT ERRORS     
     SASSO OPPOSITION MOTION           ORDER DENYING MOTION     
     APPELLANTS BRIEF           APPELLANTS BRIEF FILE STAMPED     
     SASSO'S CROSS-APPEAL     

John Bradshaw and I on the DC Metro on our way to oral argument at the Federal Circuit Court of Appeals on November 6, 2019, for oral argument on Medtronic’s federal appeal. Medtronic sued Dr. Sasso in June 2018, just before the state court trial, which the Northern District of Indiana dismissed without prejudice. Medtronic appealed. We are still waiting for a decision. Our friend Tom took the photo just after we boarded the train by his home in Alexandria, where we stayed. I am wearing my father’s red power tie for good luck. Dad wrote the patent application that turned into Patent No. 6,287,313. Dr. Sasso sold that application to Medtronic in November 1999 as part of the contract Medtronic breached. The ‘313 patent became one of the most cited patents in the spinal implant field.

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