Expert Resume/CV

Peter Crosby
B.E. (Elec) M.Eng.Sci. (Biomedical Engineering)
Peter Crosby photograph
San Juan Capistrano
California
92675
United States

Videos

Litigation Experience:

Civil Action 10-CV-0442 DMS (WMC) in the US District Court for the Southern District of California in 2012 involving an IP dispute between Carefusion (Plaintiff) and Sigma (Defendant). Engaged by the attorneys as an expert witness for the defendant. Decided for the defendant.

Case number 11-0097-CK in the Circuit Court for Kalamazoo County, Civil Division, between Stryker Corporation and Joseph P. Errico, et al. Acted for Stryker through its attorneys, Bartlit, Beck, Herman, Palenchar & Scott LLP. The assignment was to express opinions regarding whether Stryker acted in a manner consistent with a reasonable commercial business in its efforts to achieve U.S. Food and Drug Administration approval and commercial launch of its artificial disc products. Expert report presented in September 2013. Summary Judgement for Stryker.

Case number 6:09-cv-06041-EAW) in the New York Western District between Bausch and Lomb (Plaintiff) and Dr. Mona Sarfarazi (defendant). Engaged in April 2015 as an expert for the Plaintiff through Plaintiff’s attorneys, Nixon Peabody. Expert assignment to provide opinions in an Expert Report as to the usual, customary and routine practices in the medical device industry and whether B+L acted in a manner consistent with a reasonable commercial business in its efforts to achieve the “development milestones.” Decided for the Plaintiff.

A matter between two medical device companies A and B. A acquired certain assets of B and agreed to use “commercially reasonable efforts” to achieve milestones which would trigger milestone payments to B. The milestones were not met, the payments were not made, and B sued A for failure to use “commercially reasonable efforts.” The assignment was to evaluate whether A acted consistently with their obligation to use commercially reasonable efforts to complete the milestones. Appearance before 3 judge panel of the American Arbitration Association in New York in November 2017. Worked with the attorneys for A, Williams and Connolly LLP. Decided for A.

Case number 2:18-cv-08103 in the District Court for the central district of California between the Securities and Exchange Commission (Plaintiff) and Mr. Hani Zeini, the ex-CEO of Sientra, Inc. regarding adequate public disclosure of potentially price sensitive information. Engaged in May 2019 by the defendant’s attorney, Munger, Tolles & Olson LLP., and the case settled through mediation not long after.

Case 18-cv-00691-STV, jury trial requested. This is a case between plaintiff Wright Medical, Inc., and Defendant Paragon 28, Inc. Plaintiff alleges misappropriation of intellectual property including trade secrets. Engaged by the attorneys for the plaintiff in June 2019, Duane Morris. The assignment is to opine on what in the medical device industry is considered IP (confidential and/or trade secret information), and how such IP is protected and used. Wrote expert report, and was deposed as a 30b(6) witness. Case is ongoing.

Case 1:19-cv-00325-UNA. An intellectual property dispute between Nevro (plaintiff) and Stimwave. Engaged as a consulting expert by the attorneys for plaintiff, Morrison & Foerster, in 2019. Case settled before trial.

A case in the US Tax Court Docket number 6944-11 between Medtronic Inc (Petitioner)  and the Internal Revenue Service (Respondent). Engaged by the IRS in 2019. Wrote expert report, was deposed, and testified at trial in June 2021.

Case number 0:19-cv-03140-ECT-DTS in the US District court, District of Minnesota between former members of Caisson Interventional LLC (Plaintiff) and LivaNova PLC (Defendant). Engaged as a consulting expert in 2019 by the attorneys for the plaintiff, Fox Rothschild, to provide opinions as to whether defendant met its obligations under an acquisition agreement. Wrote expert report, rebuttal report, and was deposed. Case is ongoing.

Case number 1:20-cv-03214-JPC in the US District Court, Southern District of New York, between  INSPIRX Inc. (Plaintiff) and Lupin Atlantis Holdings SA (defendant). Engaged as a consulting expert by the defendant’s attorneys, Holland and Knight LLP. Case is ongoing (filed April 2020).

Intellectual Property / Patents / Prior Art:

11,103,706

Systems and Methods for Enhancing Function of Spine Stabilizing muscles associated with spine surgery intervention

 

11,100,373

Autonomous and continuously self-improving learning system

 

10,926,083

Stimulator for Treatment of Back Pain Utilizing Feedback

 

10,925,637

Methods of Implanting Electrode Leads for use with Implantable Neuromuscular Electrical Stimulator

 

10,828,490

Systems and methods for restoring muscle function to the lumbar spine

 

10,661,078

Modular stimulator for treatment of back pain, implantable RF ablation system and methods of use

 

10,471,268

Systems and Methods for Monitoring Muscle Rehabilitation

 

10,471,193

Implantable Medical Devices

 

10,449,355

Systems and Methods for Restoring Muscle Function to the Lumbar Spine and kits for Implanting same

 

10,016,603

Systems and Methods for Restoring Muscle Function to the Lumbar Spine

 

9,999,763

Apparatus and Methods for Anchoring Electrode Leads Adjacent to Nervous Tissue

 

9,950,159

Systems and methods for restoring muscle function to the lumbar spine and kits for implanting the same

 

9,861,811

Electrical Stimulator for Treatment of Back Pain and Methods of Use 

 

9,474,906

Systems and methods for restoring muscle function to the lumbar spine

 

9,248,278

Modular stimulator for treatment of back pain, implantable RF ablation system and methods of use

 

9,108,053

Apparatus and methods for rehabilitating a muscle and assessing progress of rehabilitation

 

9,079,019

Apparatus and methods for anchoring electrode leads for use with implantable neuromuscular electrical stimulator

 

9,072,897

Systems and methods for restoring muscle function to the lumbar spine

 

8,876,685

Blood pump with an ultrasound transducer

 

8,858,416

Implantable medical devices

 

7,074,194

Apparatus and method for risk stratification of patients with chest pain of suspected cardiac origin

 

7,063,782

Electrochemical detection of ischemia

 

6,770,487

Bar code readable diagnostic strip test

 

6,217,744

Devices for testing fluid

 

6,106,524

Methods and apparatus for therapeutic cauterization of predetermined volumes of biological tissue

 

6,027,457

Apparatus and method for securing tissue during ultrasound examination and biopsy

 

5,851,180

Traction-inducing compression assembly for enhanced tissue imaging

 

5,820,552

Sonography and biopsy apparatus

 

5,807,234

Myostimulator control using metabolic demand and muscle performance

5,720,770

Cardiac stimulation system with enhanced communication and control capability

5,693,000

Cardiomyoplasty simulator with feedback control

5,476,486

Automatic atrial pacing pulse threshold determination utilizing an external programmer and a V-sense electrode

5,458,623

Automatic atrial pacing threshold determination utilizing an external programmer and a surface electrogram

5,391,192

Automatic Ventricular pacing threshold determination utilizing an external programmer and a surface electrocardiogram

5,311,607

Facsimile machine for printing documents all with corresponding edges aligned but without requiring scanning

5,292,340

Physiologically-calibrated rate adaptive, dual chamber pacemaker

4,532,930

Cochlear implant system for an auditory prosthesis

4,522,209

Cochlear prosthesis test system