Medtronic Loses Bid to Overturn $23M Spine-Patent Verdict (1)

A retired spine surgeon has won a federal appeals court ruling upholding his successful patent infringement lawsuit against Medtronic Inc.

The U.S. Court of Appeals for the Federal Circuit upheld a trial court ruling that Mark Barry’s two patents over tools and methods to align the spine, such as for treatment of scoliosis, were valid and infringed by Medtronic. The appeals court also upheld a $23 million damages award.

The ruling illustrates questions surrounding the public-use bar, under which an invention that has been in public use for more than a year before a patent application is filed can’t be ...