STARSURGICAL, INC. v. APERTA, LLC

Case No. 10CV1156.

832 F.Supp.2d 1000 (2011)

STARSURGICAL, INC., Plaintiff, v. APERTA, LLC, NovoMedicus, Inc., Dietmar H. Wittmann, and Paul Van Deventer, Defendants, Dietmar H. Wittmann, Third-Party Plaintiff, v. Michael Deutsch, Third-Party Defendant.

United States District Court, E.D. Wisconsin.

May 24, 2011.


Attorney(s) appearing for the Case

Daniel M. Janssen , Johanna M. Wilbert , Patrick J. Murphy , Quarles & Brady LLP, Milwaukee, WI, for Plaintiff.

David V. Meany , Olivia M. Kelley , Dewitt Ross & Stevens SC, Brookfield, WI, Joseph T. Leone , Joseph A. Ranney , Dewitt Ross & Stevens SC, Madison, WI, for Defendants.


DECISION AND ORDER

LYNN ADELMAN, District Judge.

In 1987, Dr. Dietmar H. Wittmann, an employee of the Medical College of Wisconsin, invented a surgical patch for use in abdominal surgery. In 1988, he assigned the rights to the patch to the college's research foundation, which in turn granted a license to use the patch to Michael Deutsch. Deutsch attempted to obtain approval to market the patch from the Food and Drug Administration ("FDA") but was...

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