ERIC SIMON CONSULTING
MEDICAL & BIOTECHNICAL
PRODUCT DESIGN & DEVELOPMENT
EXPERT WITNESS SERVICES

Providing biomedical product expertise and consulting since 1993
Medical Devices | Biomedical Engineering | Product Design

ENDORSEMENTS

Your assistance helped make this a hugely favorable resolution for our client. They are very happy.

-- Patent infringement client / following IPR action

Eric Simon, Corning’s expert in the field of cell-culture product design addressed Plaintiffs’ alleged trade secret combinations. Simon testified that the combinations did not have “economic value.” Simon further testified that to have value in the field of cell-culture design, an alleged trade secret needed to reflect a specific design and not a combination of elements that could be met by any number of different (undescribed) designs. Simon explained that Wilson Wolf’s alleged trade secret combinations are “simply targets, loose endpoints that you’re striving to meet,” which do not have value to a designer of a cell culture vessel. Plaintiffs did not offer testimony rebutting Simon’s views. The Court finds Simon’s testimony credible and admissible.”

-- Judge Donovan Frank, Sr. U.S. District Judge, District of Minnesota [Wilson Wolf v. Corning, Court Order]

I am confident that Mr. Simon's contribution was primary, if not pivotal, in forcing the Plaintiff to the table: I am of the opinion that after reading his Expert Report the Plaintiff was concerned that there was a real possibility their patent could be invalidated should the case to go to trial.

-- Patent infringement client

Your technical expertise and willingness to use creative thinking in approaching the design problem allowed me to get an excellent settlement for my client.

-- Product liability client

… his ability to test the product and show decisively that the failure was foreseeable was crucial. Also his rhetorical and writing skills were evident in assisting me with generating the affidavit. In short, Mr. Simon's contributions to the case were critical in allowing my client to obtain a fair and substantial settlement against a large, well-known, and well-defended consumer products company.

-- Product liability client

We have involved Dexterity Design in a couple of major products - one for our medical division and one for our aesthetics division. We have been very pleased with the results of both projects: Their designs are innovative, contemporary, and refreshing. Furthermore, the staff is professional and easy to work with. I recommend them without reservation.

-- Product design and development client

TECHNICAL EXPERTISE

BIO - EXPERTISE IN ENGINEERING, CHEMISTRY, AND BIOLOGY

I am an experienced Biomedical Design Engineer specializing in product design and development for the medical device and laboratory instrumentation industries. My company, Dexterity Design, is a Utah-based product design consultancy offering conceptualization, design, development, ergonomics, testing, and pre-production assistance to a range of clients. I also provide project management, IP development, legal support, and bridge-to-manufacturing services. I am a Materials Scientist (B.S.) and Biomedical Engineer (M.Eng.) with over 35 years’ experience.

Mainly I have designed Medtech and Biotech products. I also have design products in other sectors, including recreational, consumer, and industrial goods. As a 27-year user of SolidWorks® CADware, I am adept in the ideation, visualization, rapid prototyping (including 3D printing), and manufacturing processes of a wide variety of products, particularly those utilizing polymeric materials. I have designed and implemented durable instruments as well as disposables and consumables; my areas of product development include a wide array of therapeutic and diagnostic technologies. I am also the Managing Partner of Acme Biosystems LLC, a seed-stage biotech company in Salt Lake City developing advanced gas-permeable cell culture systems.

PRODUCT EXPERIENCE - BIOMEDICAL / BIOTECHNICAL DEVICES AND INSTRUMENTATION

Drug delivery including ports and blood access devices, wearables and implants,
Transdermal and percutaneous devices (diffusion and iontophoresis)
Stem cell culture and delivery
Cardiac devices / Vascular devices
Biosensors including PCR, SPR, and TIRF
Bone fixation / orthopedics
Dental devices and instruments
Ophthalmic devices / Ocular diagnostics / optical systems
Catheters and needle devices
Fluidics and microfluidics, cartridges & cassettes, pumping & actuation, test platforms, disposables
Cell & tissue cultureware / Cell growth surfaces / Tissue-Material interface
Device sensing including IV-based blood pressure monitoring
Surface treatment and modification, coatings
Laboratory devices, instrumentation, and consumables
Immunoassay and other in-vitro diagnostics
Dermal devices including phototherapy, dermabrasion, ultrasound, aesthetics, and ectoparasite (headlice) treatment
Incision closure / Wound healing
Handpiece and probe design / housing and enclosure design
Instrument housings & enclosures
Molded climbing walls
Design and failure of sunglasses and ski goggles including lenses and frames
Industrial products - traffic barriers, crowd control barriers, fluid connectors, and employment services (time-clocks)
Recreation and sport products - climbing, skiing, watersport, and performance apparel
Consumer goods - key accessories, fasteners, kitchen items, and apparel (softgoods)

See additional information at Dexterity Design

LEGAL EXPERIENCE

CONSULTING FOR PLAINTIFF AND DEFENSE

> Successful resolutions for both plaintiff and defense

> Areas of litigation:

Patent infringement
Product liability
Personal injury
Medical malpractice
Breach of contract

> Skill set:

Technical analysis - medical devices and laboratory tools, biomaterials, engineered devices; materials testing and failure analysis, mechanical review
IP - patent search and review, claims construction, claim chart generation, Inter partes review (IPR)
Expert reports - history of the technology and technical tutorials (simple explanations of the technology), prior art, claim charts, expert opinion, diagramming and CAD models
Attorney support - assistance in construction of briefs, affidavits, and interrogatories

RANGE OF CASEWORK

PRODUCT
LIABILITY /
MEDICAL MALPRACTICE

implantable devices
consumer health products
industrial accident
physician error
manufacturing concerns
device failure
MAUDE reports

PATENT
INFRINGEMENT /
BREACH OF CONTRACT

cell culture devices
laboratory tools
hemoseparation devices
dental products

TECHNOLOGY
ASSESSMENT
& REVIEW

Have a client who requires an independent technology assessment? My experience and knowledge of products, design, R&D, markets, and IP can assist you.

For more information about my skills and experience, please contact me using the email inquiry below.