Neurovision Medical Products Inc. v. Nuvasive Inc. et al

Filing 489

JUDGMENT by Judge Dale S. Fischer JUDGMENT is hereby entered in favor of plaintiff Neurovision Medical Products, Inc. and against defendant NuVasive, Inc. in the amount of $30,000,000. NuVasive and each of its officers, agents, servants and empl oyees, and all those persons in active concert or participation with them are hereby forever enjoined from using the mark NEUROVISION in the sale, offering for sale, distribution, lending, marketing or advertising of medical devices or related mercha ndise and services at any locality in the United States. United States Patent and Trademark registration numbers 2,711,777 and 2,782,540 for the mark NEUROVISION shall be cancelled. The cancellation shall be stayed pending appeal. (See order for further details). (MD JS-6, Case Terminated). (shb)

1
2
3
4
5
6 JS 6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

11
12

NEUROVISION MEDICAL
13 PRODUCTS, INC.,
Plaintiff,

14
vs.

15

Case No. 09-CV-6988 DSF (JEMx)
Hon. Dale S. Fischer
JUDGMENT

16 NUVASIVE INC.,
Defendant.

17
18
19
20
21
22
23
24
25
26
27
28
469265.1

[PROPOSED] JUDGMENT

1

JUDGMENT is hereby entered in favor of plaintiff Neurovision Medical

2 Products, Inc. and against defendant NuVasive, Inc. in the amount of $30,000,000.
3
4

NuVasive and each of its officers, agents, servants and employees, and all

5 those persons in active concert or participation with them are hereby forever
6 enjoined from using the mark NEUROVISION in the sale, offering for sale,
7 distribution, lending, marketing or advertising of medical devices or related
8 merchandise and services at any locality in the United States, provided, however,
9 that the following shall not be considered a violation of this injunction:
10
o

Use of or reference to the NEUROVISION mark for
truthful informational purposes with investors and
regulatory agencies, including without limitation, the
Securities and Exchange Commission or FDA, to
refer to historic products, historic product sales,
and/or this lawsuit;

o

11

In response to a customer inquiry, NuVasive can
truthfully explain that it formerly marketed products
under the name NEUROVISION.

12
13
14
15
16
17
18
19
20

United States Patent and Trademark registration numbers 2,711,777 and
2,782,540 for the mark NEUROVISION shall be cancelled. The cancellation shall
be stayed pending appeal.

21
22
23

This Judgment shall be amended to the extent additional post-judgment relief
– e.g., attorney’s fees, costs, or interest – is requested and awarded.

24

IT IS SO ORDERED.

25
26

9/24/14
Dated: ____________

27

_________________________________
The Hon. Dale S. Fischer
Judge of the United States District Court

28
469265.1

-1[PROPOSED] JUDGMENT

1 Respectfully Submitted:
2 Dated: September 19, 2014
3

BROWNE GEORGE ROSS LLP
Peter W. Ross
Keith J. Wesley

4
By

5
6

s/ Keith J. Wesley
Keith J. Wesley

7

Attorneys for Plaintiff
Neurovision Medical Products, Inc.

8 Dated: September 19, 2014
9

DLA PIPER LLP (US)
William S. Boggs
Noah A. Katsell

10
11

By

s/ William S. Boggs
William S. Boggs

12

Attorneys for Defendant NuVasive, Inc.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
469265.1

-2[PROPOSED] JUDGMENT