Medtronic Can't Escape Patent Suit, Texas Judge Rules

Law360, New York (July 24, 2015, 4:36 PM EDT) -- A Texas federal judge on Tuesday found that Medtronic Inc. can't get out of a patent infringement suit brought by a Nevada doctor over a device to treat scoliosis, but barred the doctor from asking for pre-suit damages involving two of the three patents at issue.

U.S. District Judge Ron Clark said there were still too many questions over whether there was willful blindness when Medtronic allegedly infringed on Mark A Barry's patent to grant the company's request for summary judgment.

"Dr. Barry's evidence at least establishes a fact question as to whether Medtronic 'subjectively believe[d] that there [was] a high...

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