MEDICAL DEVICE COMPANY WINS APPEAL OF INFRINGEMENT VERDICT, BUT MUST RETRY DAMAGES

摘要

A jury properly found that two patents owned by a medical device company were infringed by a competitor but erred in awarding the plaintiff $101 million in damages, the U.S. Court of Appeals for the Federal Circuit has ruled. See Warsaw Orthopedic, Inc. v. NuVasive, Inc., 778 F.3d 1365 (Fed. Cir. 2015). The appeals court remanded the case to the U.S. District Court for the Southern District of California for a new trial on damages awarded to Warsaw Orthopedic Inc. in its suit against NuVasive Inc.