The U.S. Court of Appeals for the Federal Circuit revived a spine patent case over an expert testimony in the initial litigation, according to a Jan. 21 VitalLaw report.
The court’s opinion, filed Jan. 20, stems from spine surgeon Mark Barry, MD, who sued DePuy Synthes claiming patent infringement. He produced an expert report on infringement from Walid Yassir, MD, and David Neal, MD, as part of his case.
Dr. Barry’s original lawsuit alleged DePuy induced surgeons to infringe claims of three of his patents.
At trial, DePuy moved to exclude Dr. Barry’s experts, and the district court granted the judgment as a matter of law. In an appeal, Dr. Barry argued the district court abused its discretion and erred by granting DePuy the judgement.
The Federal Court reversed the grant of judgment as a matter of law and remanded the case for a new trial.
