"The technology at issue is a subcutaneous cosmetic penile implant, a silicone sleeve placed between the skin and 'Buck's fascia' to enhance girth and length."
"The Penuma is apparently the only FDA-cleared device of this kind, differing from therapeutic penile implants in both location and function."
"Therapeutic implants are placed inside the corpus cavernosum, while a cosmetic implant sits on top of those structures, accommodating natural changes during erection."
A jury found defendants misappropriated trade secrets related to Dr. James Elist's Penuma cosmetic penile implant. Defendants claim the design secrets were disclosed in prior patents and the instrument list was not secret. The court's focus is on whether prior patent disclosures eliminate trade secret protection under the California Uniform Trade Secrets Act. The Penuma implant is unique as the only FDA-cleared device of its kind, differing from therapeutic implants in placement and function.
Read at Patently-O
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