Alps South Files Suit Against Lawyers After Appeals Loss

Prosthetics manufacturer Alps South has filed suit in Florida against its former law firm, claiming the lawyers allowed its patent dispute to be litigated by two attorneys with no patent law expertise.

According to the complaint filed against Shumaker, Loop & Kendrick for legal malpractice in the U.S. District Court for the Middle District of Florida July 7, Alps South lost its patent case against Ohio Willow Wood —and $50 million—because the assigned attorneys were not equipped to handle a patent case or a jury trial.

Alps obtained a license for its prosthetic liner technology from inventor, John Y. Chen, and his company, Applied Elastomerics, and in the underlying 2009 lawsuit, accused Ohio Willow of infringing on the patent. Alps won a $15 million judgement from a lower court but the verdict was overturned on appeal. Alps calculated the lawyer’s incompetence ultimately cost the company $42 million in lost profits and $14 million in lost royalties, plus $3 million in legal fees.