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914 F.3d 1310 *; 2019 U.S. App. LEXIS 2305 **; 129 U.S.P.Q.2D (BNA) 1248 ***
MARK A. BARRY, Plaintiff-Appellee v. MEDTRONIC, INC., Defendant-Appellant
Subsequent History: US Supreme Court certiorari denied by, Motion granted by Medtronic, Inc. v. Barry, 2020 U.S. LEXIS 17 (U.S., Jan. 13, 2020)
Prior History: [**1] Appeal from the United States District Court for the Eastern District of Texas in No. 1:14-cv-00104-RC, Chief Judge Ron Clark.
Barry v. Medtronic, Inc., 245 F. Supp. 3d 793, 2017 U.S. Dist. LEXIS 47392 (E.D. Tex., Mar. 24, 2017)
invention, patent, intended purpose, surgeries, inventor, screw, pedicle, experimental, patients, infringement, follow-up, public use, experimental use, derotation, conditions, vertebrae, testing, reduction to practice, engagement, handle, invalidity, amelioration, critical date, surgeons, spinal column, customers, deviation, linked, correction, induced
Civil Procedure, Appeals, Standards of Review, De Novo Review, Trials, Judgment as Matter of Law, Abuse of Discretion, Judgments, Relief From Judgments, Motions for New Trials, Jury Trials, Jury Instructions, Evidence, Admissibility, Procedural Matters, Rulings on Evidence, Patent Law, Statutory Bars, Public Use Bar, Elements, Jurisdiction & Review, Fact & Law Issues, Business & Corporate Compliance, Patent Law, Experimental Use Exception, Province of Court & Jury, Types of Evidence, Testimony, Credibility of Witnesses, Claims, Claim Parts, Preambles, Experimental Use Exception, On Sale Bar, Jury Instructions, General Overview, Standards of Review, Invention Date & Priority, Reduction to Practice, Clearly Erroneous Review, Inequitable Conduct, Effect, Materiality & Scienter, Infringement Actions, Infringing Acts, Indirect Infringement