Supremes remand Medtronic lawsuit against NuVasive to lower court

The U.S. Supreme Court today remanded a Medtronic (NYSE:MDT) lawsuit against longtime spinal implant rival NuVasive Inc. (NSDQ:NUVA) to a lower appeals court, after deciding last year that a defendant’s belief regarding patent validity is not a defense to an induced infringement claim.

Last July Medtronic asked the U.S. Supreme Court to review the U.S. Court of Appeals for the Federal Circuit’s decision. Today the high court granted the petition, sending the case back to the Federal Circuit for a review in light of its May 2015 decision in Commil v. Cisco.

Medtronic, in a June 2015 certiorari filing with the Supreme Court, argued that the Commil decision also applies to the NuVasive beef.

“There is not a shred of evidence that Medtronic knew surgeons using its NIM-Eclipse medical device during spinal surgery would infringe NuVasive’s patent. Quite the opposite,” the company claimed last year. “Since 1st learning of NuVasive’s patent, Medtronic reasonable believed using its NIM-Eclipse device during surgery did not infringe under a proper reading of the patent claims.”

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