LOS ANGELES – Litigation firm Ellis George LLP obtains a $30 million federal jury verdict in a trademark infringement case brought by Neurovision Medical Products against NuVasive. Neurovision Medical is represented by Peter W. Ross and Keith J. Wesley of Ellis George LLP.
In the lawsuit, Neurovision Medical alleged that, years ago when NuVasive was a startup, it deliberately appropriated for itself the goodwill associated with Neurovision Medical’s established trademark. Following a five-day trial, the jury decided in favor of Neurovision Medical on all claims, awarding $30 million. The jury found that Neurovision Medical owns the Neurovision trademark throughout the United States, that NuVasive infringed upon that trademark willfully, and that NuVasive defrauded the United States Patent and Trademark Office by registering the trademark for itself.
This is the second eight-figure verdict Mr. Ross has obtained this year; he comments, “We are thankful for the result concluded by the jury and that our client will have ownership of their trademark.”
The plaintiff Neurovision Medical is a surgical device company based in Ventura, California. It was founded in 1985 by Dr. J. Lee Rea, a physician and electrical engineer, who is a pioneer in the field of nerve location and avoidance technology used in surgery. Currently, Neurovision Medical is known for state-of-the-art nerve surveillance technology, and continues to develop, market, and distribute such products throughout the United States and abroad.
The defendant NuVasive is a publicly traded medical device company based in San Diego, California. It describes itself on its website as the “third largest spine company in the U.S.” with revenues in excess of $685 million in 2013.
