(Reuters) - A U.S. appeals court on Monday ruled that a federal jury had erred in 2011 when it awarded medical technology company Medtronic Plc $101.2 million in a patent infringement case, and ordered a new trial to determine damages.
But the U.S. Court of Appeals for the Federal Circuit, the top U.S. patent appeals court, upheld the jury’s finding that NuVasive Inc’s spinal surgery devices had infringed Medtronic’s spinal implant and surgical method patents.
The three-judge appeals court said Medtronic unit Warsaw Orthopedic Inc was not entitled to recover damages in the form of lost profits and ongoing royalties, even if the jury in the federal trial in San Diego appeared to say it was.
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