The trial began August 30 and concerns spinal surgery technology. The jury found that each firm trespassed on the other’s intellectual property, awarding Medtronic $101.2 million in damages and NuVasive $660,000.
The case dates back to 2008, when a group of Medtronic subsidiaries sued NuVasive, accusing the San Diego-based company of infringing 12 patents relating to spinal implants.
It advanced to trial after a March decision by Judge Michael Anello of the U.S. District Court for Southern California “tentatively” denying Medtronic’s move for summary judgment” on the grounds that there are no genuine issues as to any material fact,” according to court documents.
Anello also shot down a rival motion by NuVasive seeking a ruling that one of the patents is invalid, that NuVasive doesn’t infringe two others and that one of the MDT co-plaintiffs isn’t entitled to lost profit damages.
Yesterday, a San Diego jury heard each company’s side of the story.
Luke Dauchot told jurors that Medtronic’s damages are “substantial,” with lost profits running to $200 million or more, according to Bloomberg. NuVasive lawyer Frank Scherkenbach denied any infringement, saying the company developed the technology on its own and put it on the market in 2003, when Medtronic offered nothing like it, according to the news service.
“We didn’t copy,” Scherkenbach said. “NuVasive copied nothing.”