Federal Jury Awards $30 Million To Nerve Surveillance Device Manufacturer In Dispute Against NuVasive, Inc. (NUVA)
Los Angeles, April 3, 2014 – A federal jury awarded $30 million yesterday in a trademark infringement case brought by Neurovision Medical Products against NuVasive.
The plaintiff Neurovision Medical is a surgical device company based in Ventura, California. The Company was incorporated in 1985 by Dr. J. Lee Rea, a physician and electrical engineer, who was a pioneer in the field of nerve location and avoidance technology used in surgery. Currently, Neurovision Medical is known for state-of-the-art nerve surveillance technology, and continues to develop, market, and distribute such products throughout the United States and abroad.
The defendant NuVasive is a publicly traded medical device company based in San Diego, California. It describes itself on its website as the “third largest spine company in the U.S.” with revenues in excess of $685 million in 2013.
In the lawsuit, Neurovision Medical alleged that, years ago when NuVasive was a start up, it deliberately appropriated for itself the goodwill associated with Neurovision Medical’s established trademark. Following a five-day trial, the jury decided in favor of Neurovision Medical on all claims. The jury found that Neurovision Medical owns the Neurovision trademark throughout the United States, that NuVasive infringed upon that trademark wilfully, and that NuVasive defrauded the United States Patent and Trademark Office by registering the trademark for itself. The jury awarded Neurovision Medical $30 million.
In response to the verdict, Dr. Rea commented: “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 Medical is represented by Peter W. Ross and Keith J. Wesley of Browne George Ross LLP in Century City and by K. Andrew Kent of Rincon Venture Law Group in Westlake Village, California.
Contact
Any questions or comments about this press release should be directed to Neurovision Medical Products, Inc. (805) 477-0655 or customer_service@neurovisionmedical.com.
