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Appeals court reverses $60M NuVasive trademark loss

Tue, 09/11/2012 - 12:33pm
Mass Device

A federal appeals court rebukes a lower court judge's handling of a trademark infringement case filed by NeuroVision Medical Products against NuVasive, remanding the case back to a different court for a new trial.

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NuVasive Inc. (NSDQ:NUVA) won a big legal victory yesterday when a federal appeals court reversed a lower court's $60 million decision in favor of NeuroVision Medical Products, rebuking the lower court judge in the process.

The decision means the case pitting the medical device companies against each other will be re-tried under a different district court judge.

Under Judge Manuel Real of the U.S. District Court for Central California, a jury in October 2010 found that NuVasive infringed the NeuroVision trademark with some of its neuromonitoring products. NuVasive appealed, arguing that Real "fundamentally misunderstood trademark law" and "exhibited hostility toward NuVasive's counsel in front of the jury."

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