9th Circ. Vacates $60M NuVasive Trademark Verdict

Law360, New York (September 10, 2012, 7:11 PM EDT) -- The Ninth Circuit on Monday vacated a California federal jury's $60 million verdict against NuVasive Inc. on claims it violated Neurovision Medical Products Inc.'s medical device trademark, saying the lower court misled the jury and improperly excluded evidence.

In remanding the case back to the California federal court for a new trial, the panel said the district court erred by giving the jury wrong instructions for determining trademark fraud and willful infringement that resulted in Neurovision’s 2010 win in its trademark dispute over rival NuVasive’s use...
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