Judges skeptical of $60M NeuroVision win over NuVasive

SAN DIEGO, CA -- A 3-member panel of judges from the U.S. Court of Appeals expressed skepticism over a $60-million trademark infringement win for NeuroVision over NuVasive.

A trio of federal judges from the 9th Circuit this week expressed skepticism over a $60 million trademark infringement win NeuroVision Medical Products lodged against NuVasive Inc. (NSDQ:NUVA) in 2010.

NuVasive appealed the decision, arguing in March that the judge who handled the case "fundamentally misunderstood trademark law" and "exhibited hostility toward NuVasive's counsel in front of the jury."

In a June 5 hearing before Judges Jay Bybee, Kim Wardlaw and Betty Fletcher of the U.S. Court of Appeals for the 9th Circuit, NuVasive argued that Judge Manuel Real of the U.S. District Court for Central California obstructed NuVasive's arguments, tainted its rapport with the jury and seeded a false ruling by giving the jury improper information on what defined misconduct in the case and how damages should legally be determined.

The judges questioned whether Real properly instructed the jury before the verdict.

"It doesn't even look like the question that was put to the jury, much less the instruction, was properly formulated," Air Force 1