NuVasive: California judge mishandled NeuroVision trademark suit

March 21, 2012 by MassDevice staff

NuVasive accuses Judge Manuel Real, a federal judge in California, of hostility and ignoring the law in a trademark infringement case that awarded NeuroVision Medical Products $60 million.

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NuVasive Inc. (NSDQ:NUVA) is looking to turn around a $60 million trademark infringement loss against NeuroVision Medical Products on the grounds that the judge who handled the case "fundamentally misunderstood trademark law" and "exhibited hostility toward NuVasive's counsel in front of the jury."

NuVasive filed a brief with the 9th Circuit Court of Appeals arguing that Judge Manuel Real of the U.S. District Court for Central California obstructed NuVasive's arguments, tainted its rapport with the jury and seeded a false ruling by giving the jury improper information on what defined misconduct in the case and how damages should legally be determined.

"The award of $60 million cannot stand because it was grossly excessive and not supported by the evidence," according to court documents. "This award could only have been a product of the trial that was rife with erroneous, prejudicial rulings and hostility from Judge Real."

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In October 20010, San Diego, Calif.-based NuVasive lost the first round in the case over use of the NeuroVision name on some of NuVasive's neuromonitoring products.

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