NuVasive: California judge mishandled NeuroVision trademark suit

NuVasive logo

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."

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.

The $60 million award was calculated as a measure of all of NuVasive’s profits from its nerve monitors, according to the documents, rather than profits gained by NuVasive’s allegedly unlawful use of the NeuroVision name. NuVasive was also barred from using the NeuroVision name and ordered to cancel any trademark registrations for it.

In its appeal, NuVasive argues that NMP failed to prove that it had ownership, geographic rights or continuous use of the name, attesting that Judge Real tainted the case and the subsequent jury judgment by wrongfully excluding evidence, giving the jury improper instructions, interrupting NuVasive’s statements and prohibiting NuVasive’s counsel from responding to arguments.

NuVasive asked the 9th Circuit to overturn all of the lower court’s rulings, or at least remand the case to retrial, with a caveat: There must be a new judge.

"There can be no question that Judge Real ignored governing trademark law. He instead tried the case according to his own conception of what the law should be – for which he affirmatively invited this court’s review," NuVasive’s lawyers said in court documents. "Judge Real should have entered judgment as a matter of law in favor of NuVasive. This court should do so now. At the very least, a new trial is required to give NuVasive its day in court before a judge who applies the correct legal standards, does not wrongly restrict NuVasive’s ability to defend itself, and is not openly hostile to its counsel in front of the jury."

NuVasive is also mired in a legal battle against med-tech titan Medtronic (NYSE:MDT), which landed a $101 million patent infringement win against NuVasive for sales of spinal implants that a jury found to infringe Medtronic patents last year.

NuVasive said it plans to “promptly” file an appeal of that ruling as well.

RSS From Medical Design & Outsourcing

  • Teknor Apex to showcase wide range of PVC compounds for medical devices at Medtec China
    Building on its international leadership role as a supplier of medical-grade PVC compounds, Teknor Apex Company has developed flexible and rigid formulations that address the special needs of device manufacturers. The company will highlight these capabilities at Medtec China 2015. “Teknor Apex produces or markets medical-grade PVC compounds in China, Singapore, Europe, and the United […]
  • The Raspberry Pi eco-system goes interstellar with the new Raspberry Pi Sense HAT
    Newark element14 has globally launched the latest addition to the expanding ecosystem of Raspberry Pi accessories, the Raspberry Pi Sense HAT, as featured in the ‘Astro Pi’ space mission. The Sense HAT will enable enthusiasts to control the same hardware used in space. The Sense HAT attaches to the Raspberry Pi board, and can be […]
  • CommScope completes acquisition of TE Connectivity’s Telecom
    CommScope Holding Company, has completed its previously announced acquisition of TE Connectivity’s Telecom, Enterprise and Wireless businesses, a leader in fiber optic connectivity for wireline and wireless networks. The all-cash transaction, valued at approximately $3 billion, strengthens CommScope’s position as a leading communications infrastructure provider with deeper resources to meet the world’s growing demand for network […]
  • SPI awards IKO Prosthetic Creative System the Student Design International Design Excellence Award
    SPI: The Plastics Industry Trade Association congratulated IKO Prosthetic Creative System for winning the SPI Student Design Award, part of the Industrial Designers Society of America’s (IDSA’s) International Design Excellence Awards (IDEA) program. The award was presented to IKO, an innovative, youth-focused prosthetic design company led by Chicago-based designer Carlos Torres, by SPI’s Senior Director of […]
  • New assay could revolutionize diagnosis and treatment of life-threatening disease
    Invasive Fungal Disease (IFD) is an emerging global health problem associated with high mortality rates in severely immunocompromised patients, such as those undergoing intensive chemotherapy or stem cell transplantation, and in patients suffering immune compromising conditions such as AIDS. The most common causative agents of this disease have been identified as Candida and Aspergillus species, […]
  • Molex delivers ISO 13485-compliant, medical-grade surgical cables from its class 100,000 clean room facility
    Molex, LLC operates a fully ISO 146441-1:1999 Class 8-certified clean room, satisfying strict particulate contamination levels specified by ISO-compliant requirements. Located in Thailand, the facility has less than 100,000 particulates (≥0.5µm) per cubic foot of air and manufactures a variety of ISO 13485-compliant medical cables and surgical cables used in operating theatres, hospitals, laboratories and […]
  • Swept-Source OCT: Patent license agreement between Massachusetts General Hospital and Heidelberg Engineering
    Heidelberg Engineering has entered into a patent license agreement with Massachusetts General Hospital (MGH) in Boston. The agreement grants global and exclusive rights to 77 basic patents and patent applications which relate to swept-source OCT technology and its application in ophthalmology. Spectral domain OCT has become indispensable to eye care professionals worldwide to diagnose and […]
  • MIT’s MultiFab presents a stark challenge to incumbent 3D Printer manufacturers’ hardware, software, and business Models
    MIT’s Computational Fabrication Group recently announced the MultiFab, a low-cost 3D printer that can combine up to 10 different resins in one part and also includes a 3D scanning system to identify and fix errors during production. According to Lux Research, these capabilities are rare in commercial 3D printers today due to the manufacturers’ need […]
  • AVX releases Accu-P MP medical grade film chip capacitors for medical devices
    AVX Corporation, a leading manufacturer of passive components and interconnect solutions, has released a new series of thin film chip capacitors specifically designed to meet the demanding performance specifications for implantable medical devices. Delivering extremely tight capacitive tolerances, exceptionally repeatable performance, and remarkably low ESR and high Q at high frequencies—including VHF, UHF, and RF […]
  • RIVANNA commences manufacturing of its Accuro device
    Rivanna Medical announced that it has begun manufacturing its FDA-cleared Accuro device, a handheld and untethered smart-phone-sized device that is designed to guide spinal anesthesia with automated 3D navigation technology in addition to ultrasound imaging of abdominal, musculoskeletal, cardiac and peripheral vascular anatomies. The product will be launched at the ASA annual meeting in San […]
  • FDA seeks public input on Quality Metrics guidance
    by Oliver Wolf, Senior Product Manager, MasterControl In line with the general shift towards risk-driven approaches in the quality management world, FDA is now taking steps towards applying those same principles to its own auditing schedule. At the end of July, the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation […]

Leave a Reply