Medtech Insight is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By


Johnson & Johnson v. Medtronic

This article was originally published in The Gray Sheet

Executive Summary

Medtronic's Vertex multi-axial pedicle screws infringe a Johnson & Johnson/DePuy patent, making Medtronic liable for $226.3 million in damages, a federal jury in Boston determines Sept. 27. In 2006, a federal appeals court sent the case back to the Massachusetts district court after finding that the lower court did not fully consider the "doctrine of equivalents" - which allows for an infringement finding if a technology performs substantially the same function in substantially the same way as a patent design, even if they are not equivalent - in its original non-infringement ruling. The Boston jury found Medtronic to have infringed under the doctrine. Medtronic will appeal and says that the decision might not be finalized for up to two years. In any case, it is phasing in a new "non-infringing" screw design for the Vertex line, which accounts for "under $100 million" in revenue, the company says

You may also be interested in...

Medtronic pedicle screw appeal

Firm will pay substantially less in damages under a Federal Appeals Court decision that affirmed that Medtronic's now-defunct Vertex line of multi-axial pedicle screws infringed a Johnson & Johnson/DePuy Spine patent. The court cut $226 million in initial damages liability down to about $149 million, Medtronic announces June 1 (1"The Gray Sheet" Oct. 1, 2007, In Brief). The appeals court's review of the initial 2007 patent infringement verdict also eliminated another $10.5 million in sanctions and attorneys' fees. The infringing screws are no longer on the market, and the case has no bearing on Medtronic's current Vertex Select and OC systems, notes Medtronic Spine and Biologics President Steve La Neve

QUOTED. 6 April 2020. Bethany Hills.

Diagnostics company Bodysphere had to retract an announcement that it had received an emergency use authorization from the US FDA for a COVID-19 serologic test. See why Bethany Hills, an attorney with law firm Morrison & Foerster, says this may be a cautionary tale for other manufacturers.

Health And Wellness Trademark Review 31 March, 2020

Trademarks are registered and published for opposition with the US Patent and Trademark Office and are published weekly in the agency's Official Gazette.




Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts