Warsaw Orthopedic, Inc. v. NuVasive, Inc., No. 13-1576 (Fed. Cir. 2016)
Annotate this CaseWarsaw’s 973 patent claims oversized spinal implants; its 933 patent claims methods and devices for retracting tissue to create a working channel for minimally invasive spinal surgery. NuVasive’s patent relates to neuromonitoring during surgery. Warsaw sued NuVasive, alleging infringement; NuVasive counterclaimed, asserting infringement. A jury found that the asserted claims of the 973 patent were not invalid (infringement was not in dispute), that the asserted claims of the 933 patent were infringed under the doctrine of equivalents (validity was not in dispute), and that the asserted claims of the NuVasive patent were infringed (validity was not in dispute), and awarded damages for each. The Federal Circuit affirmed with respect to invalidity and infringement of all three patents, but remanded for a new trial on damages with respect to the 973 and 933 patents. The Supreme Court remanded for further consideration in light of its 2015 decision, Commil USA v. Cisco Systems, which reaffirmed that willful blindness can satisfy the knowledge requirement for active inducement under 35 U.S.C. 271(b). The First Circuit reaffirmed the district court’s judgment with respect to the NuVasive patent and otherwise reinstated its earlier judgment. There was substantial evidence from which a jury could reasonably have found knowledge or willful blindness to infringement.
This opinion or order relates to an opinion or order originally issued on March 2, 2015.
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