UPDATED April 7, 2014, with comment from NeuroVision
NuVasive Inc. (NSDQ:NUVA) vowed to appeal its 2nd loss to NeuroVision Medical Products in a trademark infringement lawsuit, after a California jury yesterday awarded $30 million in damages to NeuroVision.
NeuroVision 1st sued NuVasive in 2009, alleging infringement of its namesake trademark.
Under Judge Manuel Real of the U.S. District Court for Central California, a jury in October 2010 found that NuVasive infringed the NeuroVision trademark with some of its neuromonitoring products. NuVasive appealed, arguing that Real "fundamentally misunderstood trademark law" and "exhibited hostility toward NuVasive’s counsel in front of the jury."
In September 2012, the appeals court agreed and overturned Real’s ruling, rebuking the judge and remanding the case for a new trial under a different judge.
But yesterday, a new jury under Judge Judge Dale Fischer also found that NuVasive infringed the trademark, finding the infringement willful and imposing $30 million in damages, according to court documents.
“We are grateful for the result reached by the jury and the return to us of our trademark. Much consumer confusion will be avoided as we continue to use that mark on our products that make surgery safer for doctors and patients,” NeuroVision founder Dr. J. Lee Rea said in prepared remarks.
NuVasive said yesterday that it "strongly disagrees with the verdict and intends to vigorously defend its right to use the ‘NeuroVision’ trademark," according to a press release.
"The company intends to file post-trial motions in the U.S. District Court for the Central District of California seeking judgment as a matter of law, and, in the alternative, a new trial. If necessary, the company intends to appeal the verdict to the 9th Circuit Court of Appeals. In the event NuVasive’s post-trial motions are denied and judgment is ultimately entered by the District Court, any payment of damages per the judgment will be stayed pending resolution of the appeals process (which could take up to 2 years)," NuVasive said. "This case relates solely to the use of the ‘NeuroVision’ brand name and has no impact on NuVasive’s proprietary neuromonitoring technology that underlies NuVasive’s NVM5 nerve monitoring system or future products. NuVasive does not anticipate any disruption to sales or the ability to meet surgery demands based on this verdict."