Byron Bilicki

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Sunrise Medical HHG v. AirSep Corp.

Sunrise Medical HHG v. AirSep Corp., U.S. District Court for the Western District of Pennsylvania, Chief Judge D. Brooks Smith

  • Represented alleged infringer charged with infringement of two (2) US patents—one directed to the method of delivering a dose of oxygen to an ambulatory patient, on an intermittent or continuous basis, and the other directed to the devise for delivering a pulse of oxygen—in view of the manufacture and sale of defendant’s most profitable product in its medical products line, namely its oxygen conserving device (OCD).
  • Patentee sought preliminary injunctive relief. Facing the potential loss of hundreds of jobs and risking bankruptcy had it been preliminarily enjoined from selling the accused OCD,  following a week long evidentiary hearing, the trial court denied the motion, issuing a 100 plus page opinion,  95  F.Supp. 348 ( W.D. Pa. 2000), which the patentee did not appeal.
  • Patentee thereafter sought in excess of $20 Million in damages as the case proceeded to trial on the merits. Following the filing of defendant’s summary judgment brief, and extensive mediation efforts, the case settled before trial.