Innovative Health, LLC v. Biosense Webster, Inc.

Berger Montague, a leading national plaintiffs’ law firm, has achieved a landmark motion for injunctive relief in Innovative v. Biosense. Following the $442 million verdict, the Court’s decision promises to reshape the industry, promote competition, and reduce healthcare costs.

The court’s order prohibits Biosense from engaging in tying policies that made it impossible for competitors to enter the market for a range of critical medical devices. It also stops Biosense from implementing blocking technology that functions as a technical tie and prevents Biosense from hoarding supplies that competitors need to compete. The injunction requires Biosense to submit reports to the court every six months, inform customers and employees of the injunction, and maintain a hotline for reporting violations. The key restrictions are put in place for five years. This victory demonstrates the importance of maintaining a case for structural relief and the possibility that a trial verdict can both obtain monetary relief and effect meaningful change. This relief will enable the industry to serve patients, doctors, and hospitals better, while also benefiting the environment by reducing medical waste.

This injunctive relief follows the $147 million jury verdict stemming from anticompetitive conduct by Johnson & Johnson’s medical technology unit, Biosense Webster, trebled to $442 million. U.S. District Judge James Selna tripled the $147 million in lost profits the jury awarded to Innovative for violating the Sherman Antitrust Act. The jury awarded Innovative Health damages after almost 6 years of a hard-fought legal battle.

Berger Montague is Counsel representing Plaintiff-Appellant Innovative Health, LLC in a civil appeal of an adverse judgment. Berger Montague successfully reversed a grant of summary judgment in the U.S. Court of Appeals for the Ninth Circuit.

The case challenges a medical device provider’s exclusionary conduct under federal antitrust laws. The case is still ongoing.

Read more about this case:

J&J Unit’s Catheter Rival Scores Injunction After $442M Win, Law360, August 1, 2025.
Litigators of the Week, ALM’s Litigation Daily, May 23, 2025.
J&J Unit Must Pay $147 Million in Catheter Lawsuit, Jury Finds, Bloomberg Law, May 19, 2025.
J&J Unit Hit With $147M Verdict In Catheter Antitrust Suit, Law 360, May 16, 2025.
J&J Unit’s Encryption Tech Stalled Rival, Antitrust Jury Told, Law360, May 9, 2025.
J&J Unit’s Catheter Tying Policy Hurt Rival, Antitrust Jury Told, Law360, May 8, 2025.
Innovative Health, LLC v. Biosense Webster, Inc. (www.justia.com)

About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions and mass torts in federal and state courts throughout the United States. The firm is active in antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among other practice areas. For more than 50 years Berger Montague has played leading roles in precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.