Hayes & Associates

“As a lawyer in…who has retained Toby let me tell you this, he is the BEST OF THE BEST in the business. Highest qualified. Most thorough. Best testifier. Incredibly “normal” on the stand and in person. And super likable to a jury. I remain the biggest fan of this man and his company! Truly second to no one I’ve ever seen in this business in my 33 years trying cases.”

— Plaintiff Attorney

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What We Do: Case Examples

Patent Validity / Infringement

Patent Validity/Infringement: Bipolar Hip Arthroplasty

Bipolar hip arthroplasty was originally conceived as a way to reduce shear stresses on acetablular cartilage by the inclusion of a low-friction inner bearing in a unipolar design. Because of this compound bearing surface, the bipolar was thought to improve on both unipolar and conventional total hip replacements. Patent litigation raised issues of validity and infringement related to the early bipolar patents. *Were the early bipolar hip patents valid and enforceable? *Were their claims infringed by subsequent devices?