Jury decides Medtronic must pay $20m to doctor

A jury has decided that UK-based medical device company Medtronic must pay $20.3 million in damages to a doctor for patent infringement.

The case arose after the Hawaii-based doctor, Mark Barry, filed a complaint in February 2014 against Medtronic over US patent numbers 7,670,358; 7,776,072; and 8,361,121, which he owns.

The patents cover a system and method for aligning vertebrae in the amelioration of aberrant spinal column deviation conditions.

He filed suit in the US District Court for the Eastern District of Texas, Beaumont Division.

The infringed products are offered for sale through direct sales representatives at medical and surgical conventions and seminars, and through online advertising and promotion.

Medtronic had allegedly infringed the asserted patents by selling and importing products that fall into areas which the patents cover, primarily with its product called CD Horizon Legacy Spinal System.

According to Barry’s complaint, Medtronic had either known of the asserted patents or been “wilfully blind” to their existence.

Three days after the jury returned its verdict, on Friday, November 11, the court offered both parties the opportunity to submit additional briefings.