NuVasive Loses Trademark Infringement Case

California federal jury on April 3, 2014, pronounced a verdict that was unfavourable to Medical device maker NuVasive, Inc. (NUVA), with regards to the companies’ use of the trade name “NeuroVision” for its nerve monitoring platform. The verdict implicates NuVasive to pay a compensation amount of $30 million in damages to NeuroVision Medical Products. This is actually the second time that NuVasive lost a trademark infringement case against NeuroVision Medical Products that erupted way back in September 2009.

NuVasive was first sued by NeuroVision Medical Products nearly 5 years ago charging them of infringing on its name, which it had been using since the beginning of 1990s. NeuroVision Medical Products alleged that NuVasive knowingly cloaked its knowledge of the former’s prior use of the trademark while registering the mark with the U.S. Patent and Trademark Office (USPTO) in the year 2003.

Following the lawsuit, a $60 million verdict was bestowed by a District Court in favour of NeuroVision Medical Products and banned NuVasive from using the “NeuroVision” trademark in the future. NuVasive consequently appealed the judgment to the Ninth Circuit (the Circuit Court) in 2011, wherein the $60 million compensation verdict was reversed by the Circuit Court in September 2012 on bases of a misled jury and improperly excluded evidence. The case was, however, was referred back to the District Court for a fresh hearing under a different judge.

The jury of the second trial also found that NuVasive had deliberately infringed the trademark and subsequently, awarded $30 million in damages to NeuroVision Medical Products last Thursday. However, NuVasive do not agree with the judgement and warrants to zealously defend its right to use the “NeuroVision” trademark. NuVasive intends to file a motion seeking retrial in the US District Court for the Central District of California, and it also intends to appeal the judgement to the Ninth Circuit if necessary.

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