- Decision marks major victory for nonprofit research foundation in 
long-running patent dispute

The U.S. Court of Appeals for the Federal Circuit has affirmed a $268 million 
award in favor of the Alfred E. Mann Foundation for Scientific Research ( 
https://c212.net/c/link/?t=0&l=en&o=2756235-1&h=4294204332&u=https%3A%2F%2Faemf.org%2F&a=Alfred+E.+Mann+Foundation+for+Scientific+Research 
) (AMF) in a long-running dispute with Australia-based Cochlear Corporation 
over ground-breaking cochlear implant patents. 

Logo - https://mma.prnewswire.com/media/1135757/Alfred_Mann_Foundation_Logo.jpg 

The Federal Circuit issued a summary affirmance without opinion on March 16 
after hearing oral arguments on the appeal on March 6 of this year. The 
decision upheld a November 2018 judgment by District Court Judge Fernando 
Olguin that reinstated a jury award in AMF's favor for $134 million and also 
granted AMF's motion for enhanced damages due to a finding of willful 
infringement by Cochlear, doubling the jury's damages award. 

"This is an enormous win for AMF in litigation that has been ongoing for well 
over a decade," said John Petrovich, CEO of AMF. "We've known since day one 
that Cochlear infringed on our groundbreaking patents and are thankful that a 
jury and the courts agree with us."

"We are gratified at the speedy disposition of this matter by the Federal 
Circuit following the oral argument. We felt confident in our position in the 
appeal and are grateful to see that our confidence was justified." 

The dispute dates back to 2007 when AMF – a small nonprofit medical research 
organization – sued Cochlear for infringing on its patented cochlear implant 
technology. The $268 million award will allow AMF to carry out its important 
mission to develop and commercialize innovative solutions for significant unmet 
or poorly met medical conditions.

In addition to the $268 million award affirmed by the Federal Circuit, AMF 
seeks approximately $123 million in pre-judgment interest and approximately 
$14.5 million in attorney fees and costs.

About the Alfred Mann Foundation
Founded in 1985 by serial healthcare entrepreneur Alfred E. Mann, the Alfred 
Mann Foundation for Scientific Research's (AMF) mission is to develop and 
commercialize innovative solutions for significant unmet or poorly met medical 
conditions. AMF has developed a myriad of medical devices that change the lives 
of patients across the globe, including the cochlear implant that enables deaf 
people to hear, several diabetes products, numerous products in the 
neuromodulation space for the eradication of pain, and recovery of function. 
AMF spin-out companies include Axonics Modulation Technologies, Inc.; Medallion 
Therapeutics; Monolythix, Inc. and Bioness, Inc. AMF is located in Santa 
Clarita, California.

SOURCE:  Alfred Mann Foundation

CONTACT:  John Petrovich, Chief Executive Officer, johnp@aemf.org