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BARRY v. MEDTRONIC, INC.

2017-2463.

914 F.3d 1310 (2019)

Mark A. BARRY, Plaintiff-Appellee v. MEDTRONIC, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: January 24, 2019.

Attorney(s) appearing for the Case

DAVID CLAY HOLLOWAY , Kilpatrick Townsend & Stockton LLP, Atlanta, GA, argued for plaintiff-appellee. Also represented by COURTNEY DABBIERE ; ADAM HOWARD CHARNES , Dallas, TX; ERWIN CENA , San Diego, CA; DARIO ALEXANDER MACHLEIDT , Seattle, WA; SEAN PAUL DEBRUINE , Law Office of Sean DeBruine, Menlo Park, CA.

SETH P. WAXMAN , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for defendant-appellant. Also represented by BRITTANY BLUEITT AMADI ; MARK CHRISTOPHER FLEMING , Boston, MA; MARYOLGA LOVETT , Greenberg Traurig LLP, Houston, TX; JULIE PAMELA BOOKBINDER , SCOTT JOSEPH BORNSTEIN , ALLAN A. KASSENOFF , RICHARD CHARLES PETTUS , New York, NY.

Opinion dissenting in part filed by Chief Judge PROST.

Dr. Mark Barry brought this action against Medtronic, Inc., alleging that Medtronic induced surgeons to infringe U.S. Patent Nos. 7,670,358 and 8,361,121, which Dr. Barry owns and which name him as the sole inventor. The jury found infringement of method claims 4 and 5 of the '358 patent and system claims 2, 3, and 4 of the...

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