Appeals court backs spine doc inventor in $24m patent infringement spat with Medtronic

The U.S. Federal Circuit Court of Appeals this week affirmed a nearly $24 million verdict in favor of a physician inventor in a patent spat with medtech giant Medtronic (NYSE:MDT), according to recently released court documents.

In February 2014, Dr. Mark Berry filed a suit against Medtronic alleging that Fridley, Minn.-based Medtronic infringed on three patents covering a “system and method for aligning vertebrae in the amelioration of aberrant spinal column deviation conditions.”

In November 2016, a jury in the U.S. District Court for Eastern Texas sided with Dr. Barry and awarded him $15.1 million for the infringement of one of the patents in the U.S., more than $2.6 million for infringement on the second patent in the U.S. and $2.6 million for the infringement of the patent overseas.

In January 2017 a judge reduced the $20.3 million verdict by $2.6 million, ruling that Barry did not present sufficient evidence that the company infringed one of its patents overseas but upholding the U.S. infringement claims.

In May of the same year, Judge Ron Clark awarded $15.1 million for infringement of 1 patent, 20% enhanced damages of $3.0 million, $2.6 million for infringing the 2nd patent, plus 20% enhanced damages of $525,000, pre-judgment interest of $2.4 million, post-judgment interest at a 1.07% rate and court costs.

The Appeals Court yesterday issued a split 2-1 opinion affirming the decision of the jury, leaving Medtronic on the hook for approximately $23.5 million, according to the court documents.

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