Dr. James Elist is a Beverly Hills urologist who invented the Penuma penile implant, the first FDA-approved cosmetic penile implant. In 2018, Elist sued Dr. Robert Cornell, a Houston-based urologist, and others for stealing trade secrets and infringing on other intellectual property rights related to the Penuma implant.
Elist alleged that Cornell had visited him under the pretense of seeking training on the Penuma implant, but was actually gathering confidential information to develop a competing product. Elist also alleged that Cornell had breached a confidentiality agreement that he had signed.
After a three-year trial, a California federal jury in June 2023 found Cornell and the other defendants liable for trade secret theft and other intellectual property violations. The jury also invalidated two patents that Cornell had obtained for his competing product.
In August 2023, Elist and his company, International Medical Devices (IMD), sought approximately $46 million in damages from Cornell and the other defendants. The damages award is still pending.
FAQs
What is the Penuma implant?
The Penuma implant is a silicone device that is inserted into the penis to increase length and girth. It is the first FDA-approved cosmetic penile implant.
Why did Dr. Elist sue Dr. Cornell and the others?
Elist alleged that Cornell and the other defendants had stolen trade secrets and infringed on other intellectual property rights related to the Penuma implant.
What was the outcome of the trial?
The jury found Cornell and the other defendants liable for trade secret theft and other intellectual property violations. The jury also invalidated two patents that Cornell had obtained for his competing product.
How much damages is Dr. Elist seeking?
Elist and IMD are seeking approximately $46 million in damages from Cornell and the other defendants.
When will the damages award be decided?
The damages award is still pending.
What does the outcome of this case mean for patients?
The outcome of this case is a victory for Dr. Elist and IMD, and it helps to protect their intellectual property rights. It also sends a message to others that stealing trade secrets and infringing on intellectual property will not be tolerated.
Conclusion
The Dr. James Elist lawsuit is a significant case in the field of intellectual property law. The outcome of the case is a victory for Dr. Elist and IMD, and it helps to protect their intellectual property rights. It also sends a message to others that stealing trade secrets and infringing on intellectual property will not be tolerated.