Surgeon Gets Retrial in Patent Suit Targeting DePuy Synthes

The Federal Circuit revived a lawsuit involving an orthopedic surgeon’s patented techniques and tools for treating scoliosis, and in the process revived a heated debate within the appeals court over what kind of expert evidence should be excluded in jury trials.

The opinion reverses a case-ending judgment in favor of medical device company DePuy Synthes Cos. That ruling dovetailed with decisions by Philadelphia-based federal District Judge Paul S. Diamond determining a key expert for the surgeon, Mark A. Barry, provided testimony that was “contradictory, unhelpful and unreliable.” Diamond also tossed testimony from another expert who used survey data to estimate ...