Warsaw Orthopedic, Inc. v. NuVasive, Inc.

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March 2, 2015

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3841 Surgical and Medical Instruments and Apparatus
339112 Surgical and Medical Instrument Manufacturing
intellectual property
damages, lost profits, patent infringement, expert testimony, reasonable royalty
Warsaw Orthopedic, Inc. v. NuVasive, Inc.
2015 U.S. App. LEXIS 3133
US
Federal Court
Federal Circuit
United States Court of Appeals
John Kevin Neels (plaintiff); Ryan M. Sullivan (defendant)
Dyk

Summary

Federal Circuit strikes down lost profits where patentee does not practice patents and fails to qualify for convoyed sales because of missing functional relationship between nonpatented parts it sells to related company and latter’s patented products.
Warsaw Orthopedic, Inc. v. NuVasive, Inc.
PDF, Size: 163 KB

See Also

Federal Circuit Sweeps Aside Lost Profits Theories and Award

Legal and Court Case Update
August 2015

Federal Circuit strikes down lost profits where patentee does not practice patents and fails to qualify for convoyed sales because of missing functional relationship between nonpatented parts it sells to related company and latter’s patented products.

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