9th Circ. Voices Doubt On $60M NuVasive Trademark Award

Law360, Los Angeles (June 5, 2012, 7:30 PM EDT) -- A Ninth Circuit panel expressed skepticism Tuesday about a federal jury's $60 million verdict against NuVasive Inc. on claims it violated Neurovision Medical Products Inc.'s medical device trademark, saying the evidence doesn't seem to support a finding that NuVasive infringed a common law trademark.

U.S. Circuit Judge Jay Bybee on Tuesday questioned whether medical equipment buyers could reasonably confuse NuVasive’s NeuroVision spinal nerve monitoring devices used in back surgeries with NMP’s Neurovision SE, now called NerveAna, a less popular nerve monitoring device used by ear, nose...
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