Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc.
Addressing the issue of convoyed and related sales, the U.S.
Court of Appeals for the Federal Circuit, even while affirming the
district court with respect to its invalidity and infringement
findings, remanded the case for a new trial on damages, concluding
that the district court had improperly allowed damages on
non-convoyed sales. Warsaw Orthopedic, Inc. et al. v.
NuVasive, Inc., Case Nos. 13-1576; -1577 (Fed. Cir., Mar. 2,
2015) (Dyk, J.).
Warsaw Orthopedic brought suit against NuVasive asserting
infringement of two patents: one directed to oversize spinal
implants and the other to retracting tissue for minimally invasive
spinal surgery. NuVasive counterclaimed against Warsaw and
its related company Medtronic Sofamor Danek USA (MSD) asserting a
patent related to neuromonitoring during surgery. After a
jury found liability on all three asserted patents, it awarded
Warsaw over $100 million in total damages,
