Court Grants Permanent Injunction in Innovative v. Biosense

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Aug 05, 2025, 17:25 ET

SAN FRANCISCO, Aug. 5, 2025 /PRNewswire/ -- 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.

"We are proud of our team's work," said Shareholder and Supervisor of the San Francisco office Joshua P. Davis. "The Court noted the 'grave antitrust violation' harming competition and monetary penalties are not enough," said Mr. Davis. "This injunction aims to 'unfetter the market' to restore competition in the cardiac mapping device industry," added Mr. Davis.

The court's order prohibits Biosense from engaging in tying policies that made it impossible for competitors to enter the market to reprocess a range of important 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, subject to review by the Court.

This victory demonstrates the importance of maintaining a case for structural relief and the possibility that a trial verdict in private litigation can obtain both monetary relief and effect meaningful change. This relief will allow the industry to better serve patients, doctors, and hospitals, while also benefiting the environment by reducing medical waste.

Read more about the case at www.bergermontague.com/innovative. Read the Permanent Injunction Order here.

The Berger Montague trial team also included Kyla Gibboney, Matt Summers, Julie Pollack, and Connor Rowe.

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 the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.