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Kellogg Hansen Leads $147.4 Million Antitrust Trial Victory for Innovative Health
May 29, 2025 — In a resounding antitrust victory, a California federal jury awarded $147.4 million to Innovative Health LLC in its lawsuit against Biosense Webster Inc., a Johnson & Johnson subsidiary. Kellogg Hansen Todd Figel & Frederick PLLC led the case from opening statements to verdict.
Kellogg Hansen entered the case as lead trial counsel in August 2024 after the Ninth Circuit Court of Appeals reversed a prior summary judgment in favor of Biosense Webster. That appellate decision revived Innovative’s claims and cleared the way for trial.
At the center of the lawsuit were allegations that Biosense illegally tied its clinical support services to the purchase of its sensor-enabled cardiac mapping catheters, blocking hospitals from using FDA-cleared reprocessed alternatives. The case also focused on Biosense’s use of hardware-based blocking technology to exclude competitors like Innovative from the market.
Kellogg Hansen’s trial team was led by partners Derek Ho and Andrew Goldsmith, who delivered the closing and opening statements, respectively, and examined key witnesses throughout the two-week trial. But the success was powered by a deep bench: all five Kellogg Hansen associates on the team, Rachel Anderson, Annamaria Morales-Kimball, Sean Quirk, Matthew Reade, and Kelley Schiffman also examined witnesses and argued evidentiary disputes to the court. Co-counsel Jeffrey L. Berhold of Jeffrey L. Berhold PC; Joshua P. Davis, Matthew Summers, and Kyla Gibboney of Berger Montague; and Panteha Abdollahi of Theodora Oringher also played important roles.
The jury unanimously found that Biosense had violated federal and state antitrust laws, including the Sherman Act, by leveraging its dominance in clinical support to suppress lower-cost reprocessed catheters and maintain inflated prices.
This case underscores Kellogg Hansen’s excellence in trial strategy and antitrust litigation. The outcome not only secures justice for Innovative Health, but it also sends a resounding message to dominant medical device firms: exclusionary tactics that block competition will not stand.
This case has been highlighted in David Lat’s Original Jurisdiction and Law360 Legal Lions.
Innovative Health LLC was represented by Derek T. Ho, Andrew E. Goldsmith, Rachel T. Anderson, Annamarie M. Morales-Kimball, Sean P. Quirk, Matthew D. Reade, and Kelley C. Schiffman of Kellogg Hansen Todd Figel & Frederick PLLC; Jeffrey L. Berhold of Jeffrey L. Berhold PC; Joshua P. Davis, Matthew Summers, and Kyla Gibboney of Berger Montague; and Panteha Abdollahi of Theodora Oringher.
Innovative Health LLC v. Biosense Webster Inc., No. 8:19-cv-02148 (C.D. Cal.)