Jury Hands Doctor $20.3M Verdict In Medtronic Patent Suit

By Kelcee Griffis

Law360, New York (November 14, 2016, 8:58 PM EST) — Medtronic Inc. must pay $20.3 million in damages to a doctor who sued the medical device company for patent infringement, a Texas jury decided Friday.

The jury found Medtronic “actively induced” infringement on both of the patents in question held by Mark A. Barry, a doctor who sued the company in 2014 for allegedly infringing on his devices that align vertebrae in patients with conditions such as scoliosis.

The patents cover hardware such as specialized screws and a method of implanting them by surgeons to correct certain spinal deformities.

Barry said Medtronic reproduced and sold implants that compete with his own across the U.S. and internationally. In a motion for judgment as a matter of law filed toward the end of the trial Thursday, the company fired back, saying that there was no way to prove surgeons relied on that highly specific set of screws and tools to complete the surgery.

The jury disagreed, awarding $17.6 million for infringement that occurred within the U.S. and the rest for infringement that took place outside the country.

The trial began Nov. 3 and wrapped up Nov. 11, said Sean P. DeBruine of Kilpatrick Townsend & Stockton LLP, the lead attorney representing Barry. The 10 jurors deliberated for about five hours before coming to a unanimous verdict, he said.

DeBruine said the jury was admirable for spending the Veteran’s Day holiday deciding on the verdict.



Josh Sandberg

Josh Sandberg is the President and CEO of Ortho Spine Partners and sits on several company and industry related Boards. He also is the Creator and Editor of OrthoSpineNews.

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