Ballard Medical Products

Business people

Talon Harrell , a Farmers Insurance agent in Fort Wayne, has completed the Career Agents Course at the University of Farmers. The five-day course is designed to enhance the professional skills of Farmers’ agents.

Katherine Royster has joined O’Neal Steel as an outside sales representative. Royster previously worked in the healthcare and medical device field.

The following people were winners of the Indiana Motor Truck Association’s Indiana Truck Driving and Technician Championships:

Step Van: first place, Tony Malloy from FedEx Ground; second place, Patrick Rauchmiller from FedEx Ground; third place, Karen Litzelman from FedEx Express. Straight Truck: first place, Ronald Fivecoat from Con-way Freight; second place, Larry Pfeiffer from Walmart Stores; third place, Troy Davis from FedEx Express. 3-Axle Van: first place, Mike White from Walmart Stores; second place, Daniel Ferenczi from YRC Worldwide; third place, Brian Clark from FedEx Express. 4-Axle Van: first place, Richard Mehling from J.E.T. Transit; second place, Chris Ballard from YRC Worldwide; third place, Jimmie Carter from Venture Logistics. 5-Axle Van: first place, Derrill

Blandford from Holland; second place, Donald Concklin from YRC Worldwide; third place, Nick

Harding from Heritage Transport. 5-Axle Sleeper Van: first place, Earl Harris from Venture Logistics; second place, Kevin Hamman from Styline Logistics; third place, John Griswold from Con-way Freight. Flatbed Truck: first place, Scott Bluhm from Con-way Freight; second place, Jeff Christner from FedEx Express; third place, Carl Riggs from FedEx Ground. Tanker Truck: first place, Wayne Coverdale from Con-way Freight; second place, Dennis Shirar from Heritage Transport; third place, Jason Acord from Con-way Freight. Twin Trailer: first place, Dan McCain from Con-way Freight; second place, Donald

Alexander from Con-way Freight; third place, Dee Smith from YRC Worldwide. Rookie of the Year, Larry Pfeiffer from Walmart Stores; Himmel High Point Award, Mike White from Walmart Stores; Sportsmanship Award, Mike White from Walmart Stores; First Place Team Award, YRC Worldwide.

Patrick Gillan joined RE/MAX Results as a real estate professional.

Nos. 07-4090, 07-4102. - RUSSO v. BALLARD MEDICAL PRODUCTS - US ...

Constantine L. Trela, Jr., Sidley Austin LLP, Chicago, IL (Michael B. Apfeld, Godrey & Kahn, S.C., Milwaukee, WI, and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, with him on the briefs), for Defendant-Appellant/Cross-Appellee.Richard D. Burbidge (Jefferson W. Gross and Robert J. Shelby with him on the briefs) Burbidge Mitchell & Gross, Salt Lake City, UT, for Plaintiff-Appellee/Cross-Appellant.

Medical device inventor Ronald Russo brought this lawsuit against Ballard Medical Products contending that the company misappropriated his trade secret and breached the parties' confidentiality agreement by incorporating certain of his innovations into one of its popular medical devices without his consent.   After a seven-day trial, a jury found for Mr. Russo and awarded him $20 million in damages.   On appeal, Ballard argues primarily that Mr. Russo's state law claims are preempted by federal patent law.   Mr. Russo cross-appeals, submitting that the district court erred in declining to add post-verdict, pre-judgment interest to his award.   Finding none of the parties' various arguments for reversal persuasive, we affirm.

I

A

In 1983 Ballard introduced its flagship product, the Trach Care 24 catheter, a closed-suction catheter designed to remove debris from endotracheal ventilator tubes without having to disconnect patients from the ventilators on which they depend for oxygen.  Before the Trach Care 24, medical professionals relied on an open-suction process, in which they had to disconnect the patient from the ventilator, insert a catheter into the patient's airway to suction accumulated mucus, and then remove the catheter before reconnecting the ventilator-a process that not only involved temporarily removing the patient from the ventilator, but also a non-trivial risk of infection from the cleaning process.

Mr. Russo is an independent medical device designer.   In 1992, Ballard retained Mr. Russo in a consulting role with the aim of improving various aspects of its Trach Care catheter.   After completing this project, Mr. Russo continued working independently on tracheal suction devices, while Ballard also worked on its own to improve its product.   In particular, Ballard focused on enhancing the useful life span of its catheter.   As its name implies, the Trach Care 24 is approved by the United States Food and Drug Administration (“FDA”) for only 24 hours' continuous use.   After that period, even Ballard's design is insufficient to prevent bacteria from developing to the point of unduly risking patient infection.

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