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Gilstrap Can't Erase Jury’s Patent Verdict, Fed. Circ. Hears

Law360, Washington (December 6, 2017, 5:27 PM EST) -- A medical device maker urged a Federal Circuit panel in oral arguments Wednesday to restore a Texas federal jury’s original conclusion that claims of two spinal correction device patents were invalid, a finding erased by U.S. District Judge Rodney Gilstrap in what the company called an “unprecedented” Seventh Amendment violation.

Globus Medical Inc. came out on top of the lawsuit in which Flexuspine Inc. had accused the company of patent infringement. But Globus is appealing to restore the complete win upended when Judge Gilstrap concluded in...
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