Medtronic, NuVasive Spar Over Surgical Patent Infringement in Jury Trial (Bloomberg)
Medtronic Inc. (MDT) and NuVasive Inc., makers of medical devices for spinal surgery, are each seeking to convince a San Diego federal jury that the other infringed patents relating to products used in minimally invasive surgeries.
Warsaw Orthopedic Inc., a unit of Minneapolis-based Medtronic, accuses San Diego-based NuVasive of infringing three patents for implants capable of being inserted translaterally between adjacent vertebrae, a plate and screw system used to stabilize vertebrae in the cervical spine and a tissue retractor, according to court filings.
Medtronic lawyer Luke Dauchot told jurors in his opening statement today that the company’s damages are “substantial” and that a financial expert will present one option for calculating lost profits at $200 million and “another that is even much higher than that.”
“Yes, it’s a lot,” Dauchot said. “But the damages are strictly, strictly limited to the loss of profits.”
NuVasive alleges that another Medtronic unit, Medtronic Sofamor Danek USA, infringes its patent for a nerve monitoring system for lateral spinal surgery, according...
