Barry v. Medtronic was decided on January 24, 2019 on appeal from the Eastern District of Texas. The jury found for plaintiff Barry and awarded $15,095,970 for domestic infringement of one patent and $2,625,210 for domestic infringement of another patent. After trial, the district court denied defendant Medtronic’s challenges regarding induced infringement, domestic infringement damages, invalidity, and inequitable conduct, finding no intent to deceive the PTO. Medtronic appealed.
The Federal Circuit affirmed the findings of induced infringement, damages, no invalidity, and no inequitable conduct.
The district court did not clearly err in finding no intent to deceive the PTO for inequitable conduct. “The basis of the charge of inequitable conduct is Figure 6 of both patents, which Dr. Barry initially described incorrectly.” The erroneous description was made during prosecution of the patent in 2008. In 2016, Barry sought to correct the description during this litigation. “The district court found that there was no intent to deceive the PTO on the part of Dr. Barry and his counsel. The district court found that both Dr. Barry and his counsel were credible in explaining why the errors occurred, without any intent to deceive, and why the errors were not discovered until this litigation.”
The district court did not abuse its discretion in finding that Medtronic’s challenges to Barry’s expert’s methodology “went to the weight of the evidence, not its relevance and reliability.”
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Chief Judge Prost dissented, arguing that the asserted claims of one patent are invalid under § 102(b).
Barry v. Medtronic, Inc., 914 F.3d 1310 (Fed. Cir. 2019)