Judge schedules next phase of LightLab Imaging's damages trial against Volcano and Axsun Technologies

Feb 10 2010

LightLab Imaging, Inc., pioneer and leader in the development of Optical Coherence Tomography (OCT) for coronary artery applications, today reported that Trial Judge Margaret Hinkle has set March 22 for the commencement of the next phase of an ongoing trial to address damages LightLab Imaging is claiming against Volcano Corporation and its wholly owned subsidiary, Axsun Technologies, Inc.  After a four week trial that addressed only the liability claims in this litigation, a 13 person jury in the Massachusetts Superior Court rendered its liability verdict on February 4, 2010, finding:  

• Axsun, which was acquired by Volcano in December 2008, breached its exclusive contract with LightLab Imaging
• Axsun and Volcano misappropriated LightLab's trade secret information
• Volcano was unjustly enriched by gaining access to LightLab's trade secret information
• Volcano intentionally interfered both with LightLab's contract and with LightLab's advantageous business relationship with Axsun
• Axsun breached the implied covenant of good faith and fair dealing in the LightLab contract

In addition, the jury found for LightLab in a dispute over the interpretation of LightLab's rights of exclusivity under its contract with Axsun, and found for LightLab that the contract had been modified to require Axsun to deliver a particular state-of-the-art laser to LightLab.

At a future date, LightLab will also be asking the Court to issue injunctions against Volcano and Axsun consistent with the jury's findings.