A federal appeals court this week declined Medtronic‘s (NYSE:MDT) motion to re-hear its decision overturning the lost profits it won in a long-running patent infringement war with spine implant rival NuVasive Inc. (NSDQ:NUVA).

The U.S. Court of Appeals for the Federal Circuit decided in March that a lower court erred in 2011 when it awarded Medtronic $101.2 million in the case, ordering a new trial to determine the correct amount of damages.

Medtronic asked the appeals court for an en banc review of the decision, but was rebuffed without comment in an April 20 order, according to court documents.

The 3-judge appeals panel had ruled that Medtronic subsidiary Warsaw Orthopedic is not entitled to lost profits and ongoing royalties.

The case dates back to 2008, when a group of Medtronic subsidiaries sued NuVasive, accusing the San Diego-based company of infringing 9 patents relating to spinal implants. NuVasive in turn accused Medtronic of trespassing on 3 of its patents.

The jury issued a split verdict in the case in September 2011, awarding $101.2 million to Medtronic and $660,000 to its smaller rival. In June 2013 a federal judge boosted the royalty rate NuVasive was to pay Medtronic by 3.5%.

The companies settled their dispute over another patent in May 2013, with NuVasive agreeing to pony up $7.5 million and a 3% royalty.

Earlier this month the Federal Circuit upheld a U.S. Patent & Trademark Office decision that a NuVasive patent is valid.