August 11, 2014 by Brad Perriello
A federal judge denies NuVasive’s bid to overturn a $30 million trademark infringement loss and cancels its trademark on the NeuroVision name.
A California federal judge last week shot down NuVasive‘s (NSDQ:NUVA) bid to escape a $30 million trademark infringement loss to NeuroVision Medical Products and granted NeuroVision’s motions for a permanent injunction, cancelling NuVasive’s rights to the NeuroVision trade name in the process.
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 last April, 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. NuVasive asked Fischer to overturn the verdict, or to declare a new trial or grant a judgment based on its affirmative defenses.