S&C Victorious at Trial for Micro Systems Engineering

August 7, 2017

S&C obtained a decisive trial win on behalf of client Micro Systems Engineering, Inc. (MSEI), an Oregon-based manufacturer of key internal electronics used in pacemakers and defibrillators sold by MSEI affiliate Biotronik. The lawsuit, brought by Universal Instruments Corp. in 2013, alleged that MSEI had infringed on Universal's copyrights and misappropriated trade secrets in software source code that Universal had supplied to MSEI, and sought tens of millions in damages, including the bulk of MSEI's profits over a ten-year period. The matter proceeded to trial after the Honorable Gary L. Sharpe of the U.S. District Court for the Northern District of New York declined to grant summary judgment of Universal's claims in February. In March, fearing an unfavorable outcome a mere four months before trial, MSEI retained S&C. 
On August 7, following a six-day jury trial, Judge Sharpe granted MSEI's Rule 50 motion for judgment as a matter of law on Universal's copyright, trade secret and contractual claims. After MSEI rested, the court ruled that there was “no doubt” that MSEI had contractual rights to the software and source code at issue. The court stated expressly that it “adopted all” of the arguments MSEI had advanced and, instead of allowing the claims to go to the jury, dismissed them with prejudice.
The S&C trial team representing MSEI was led by David Tulchin, Thomas White and Adam Brebner.