Schlein

The instant appeals involve the contract and tort claims of an orthopedic surgeon who had an agreement with an orthopedic products company regarding the creation and sale of a medical device that bore the surgeon’s name. After paying royalties to the surgeon for more than a decade, *532 the company renounced its obligations to pay anything further for the medical device even though it still sold a version of the product bearing the surgeon’s name.

Orthopedic Systems, Inc. (OSI), and Allen Schlein, M.D., entered into an agreement in which OSI acknowledged receipt of a medical device called the “Schlein Shoulder Positioner,” and obligated itself to pay Dr. Schlein royalties on sales of the resulting product. After OSI stopped paying the royalties, Dr. Schlein threatened to sue for breach of contract, prompting OSI to file an action seeking a declaration of rights under the agreement. Dr. Schlein cross-complained for breach of contract, conversion, and commercial misappropriation of his name among other things. The jury found in favor of Dr. Schlein on his contract claim and awarded $616,043 in damages. The jury also awarded Dr. Schlein $750 in statutory damages for his…