Barry Mark (Mark Barry)

Barry Mark (Mark Barry)

Biography

2017: Barry seized $24 million from Medtronic for violation of its patents for treatment of a backbone

In May, 2017 judicial proceedings in which doctor Mark Barry accused  Medtronic  of patent infringement when developing of devices by the company for treatment of a backbone ended. Medtronic could not prove the innocence, moreover, the amount of a penalty grew by 20% in comparison with former court's decision.

Mark Barry's claim to Medtronic was submitted in February, 2014 to District court across east Texas (USA). The doctor said that the company illegally uses the technologies which are the intellectual property of Barry within three patents. The claimant assigned the rights to use these developments Zimmer Biom companies — to the strategic partner. Despite cooperation the last has no right to use Mark Barry's patents.

Patents because of which judicial proceedings were initiated describe "a system and methods of alignment of vertebras for elimination of the reasons of deviations in a backbone". Medtronic applied these patented technologies in the devices to correction of deformation of a backbone.

In November, 2016 the court sentenced Medtronic to payment of $20.3 million for benefit of Mark Barry. In January of the 2017th the compensation amount was reduced by $2.6 million, and the judge explained the solution with the fact that Barry did not produce the sufficient evidences confirming violation of one patent by the company abroad. At the same time the judge confirmed illegal actions in the USA.

On May 16, 2017 the judge RON Clark made the final decision on this case. He also found Medtronic guilty and decided that the company should pay Barry to $15.1 million for illegal use by one of patents (in last verdict it was talked of the amount for $3 million less) more than $2.6 million for violation of the second patent and $2.6 million for patent infringement abroad.

The third patent which it is initial to appear in the claim was not considered as still earlier the court did not see in it signs of violation of the intellectual property rights by Medtronic company.

Besides, Medtronic will have to compensate $2.4 million percent for the period before adjudication, percent after passing a verdict at the rate of 1.07% and also different legal costs. As a result the amount of about $24 million is gathered, notes the MassDevice edition.^[1]

Mark Barry seized $24 million from Medtronic for violation of its patents for treatment of a backbone

Mark Barry also submitted a claim to District court of the USA for East Pennsylvania against Globus Medical, claiming that this company copied the system of treatment of a backbone developed by the doctor. However the court did not consider the claimant's arguments sufficient and justified Globus Medical.^[2]

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