Court Enhances Damages Award, Denies Attorney’s Fees for Dr. Barry

April 24, 2017 – A judge in the Eastern District of Texas granted-in-part Plaintiff Dr. Mark A. Barry’s motion for enhanced damages and denied his motion for attorney’s fees.  The patents-at-issue are U.S. Patent Nos. 7,670,358 and 8,361,121, both titled “System and method for aligning vertebrae in the amelioration of aberrant spinal column deviation conditions.”  In November 2016, a jury returned a verdict finding in favor of Dr. Barry on indirect infringement, invalidity, and willfulness, and awarded him $20,346,390.  The Court then granted Defendant Medtronic’s motion for judgment as a matter of law on overseas indirect infringement and reduced the jury award to $17,721,180.  Finding support for enhancement in considerations of copying, Medtronic’s pre-suit investigation of patent scope, Medtronic’s size and financial condition, and Medtronic’s failure to take remedial action, the Court awarded Dr. Barry an enhancement of 20% on the final damages award.  The Court did not find the case to be exceptional and denied Dr. Barry’s motion for attorney’s fees. The case is number 1:14-cv-00104 in the United States District Court for the Eastern District of Texas.

By: Katherine E. Adams

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