May 17, 2018

Nox Medical Litigation Win

By: Brooke MacCourtney
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Nox Medical is a small technology company located in Reykjavik, Iceland.  After the investment of years of effort, the scientists at Nox Medical developed an innovative sensor used in diagnostic studies for sleep disorder studies.  The Nox sensor revolutionized the market.  Natus Neurology, a multi-national company with annual revenues in excess of $500 million, lost market share and sales to the Nox sensor. Natus attempted to design a substitute for its sensor but failed.  Having failed to solve the problem on its own, Natus purchased a Nox sensor and copied it.

Nox hired Workman Nydegger to sue Natus for patent infringement.  Nox moved for summary judgment of infringement, which Nox ultimately conceded.  The Workman Nydegger team, including Chad Nydegger and Brent Lorimer, tried the case to a jury during the first two weeks in May 2018.   The jury returned a verdict that the patent was not invalid, that Natus’ infringement was willful, and awarded substantial damages to Nox.  Judge Richard G. Andrews has entered preliminary findings of fact favorable to Nox on the issue of inequitable conduct.  Post-trial, Nox is seeking an award of treble damages and attorney’s fees.