B. Braun Medical, Inc. v. Rogers

MEMORANDUM **

B. Braun Medical, Inc. (“Braun”) appeals the judgment of the district court awarding damages and equitable relief in the form of patent reassignment. Bobby Eugene Rogers and Rozi Medical Devices Limited, an Ohio limited liability company (collectively, “Rozi”), cross-appeal.

Although we need not recount all of the complex factual and procedural history of this case, a very brief summary is necessary for convenient reference. This case arises out of a license agreement (“License Agreement”) between the parties which gave Braun the right to develop a marketable version of a capless valve for an intravenous device, which Rozi had patented (“the ’114 Patent”). In order to encourage Braun to develop a product from the ’114 Patent, Rozi retained ViR Engineering (“ViR”) to prepare design alternatives. ViR did so, in what the parties have referenced as “Phase I” of the project. The results of Phase I were presented to Braun. Braun contracted with ViR for further development of the product, which was accomplished in “Phase II” of the project. Braun asked ViR to assign its rights to the work product completed in Phase II to Braun, which ViR did. Braun, without notifying…