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."
B. Braun Medical Inc. slapped CareFusion Corp. (NYSE:CFN) with a lawsuit asserting violations of five of its patents covering infusion and medication pump technology.
The suit, filed in the U.S. District Court for Northern Illinois, alleges that elements of CareFusion’s Alaris smart medication system violate the patents. B. Braun is seeking a jury trial, judgments of infringement, an injunction against further infringement, damages and legal fees, according to court documents.
"This lawsuit was necessary to protect B. Braun’s highly valuable technology and patent rights," vice president of infusion systems Gale White said in prepared remarks.