In January, the U.S. Court of Appeals for the Federal Circuit affirmed a previous judgment ruling in favor of a spine surgeon that sued Medtronic for patent infringement; now, Medtronic would like the federal appeals court to conduct a full bench review, according to a Mass Device report.
Medtronic has been ordered to pay a spine surgeon around $23 million for violating multiple patent infringements on a patent titled "System and Method for Aligning Vertebrae in the Ameliorating of Aberrant Spinal Column Deviation Conditions."
On March 27, Medtronic filed a request for the appeals court to review the case with a full complement of judges. The U.S. Court of Appeals for the Federal Circuit had issued a split 2-1 opinion, the dissenting judge wrote of one of the patents: "The record in this case shows that Dr. Barry waited too long to file for the 358 patent and that the on-sale bar applies."