Neurovision Medical Products Inc. v. Nuvasive, Inc.

MEMORANDUM

Following a five-day jury trial to determine the parties’ rights in the trademark “NEUROVISION,” the jury awarded $60 million to Neurovision Medical Products (“NMP”). The jury found that NuVasive, Inc. (“NuVasive”) committed fraud in procuring its trademark registrations, that NMP had prior rights in the NEUROVISION mark, and that NuVasive wilfully infringed NMP’s rights. The district court entered judgment for NMP, issued a permanent injunction barring NuVasive from using the NEUROVISION mark, awarded NMP attorneys’ fees and costs, and ordered cancellation of NuVasive’s trademark registrations. We have jurisdiction over NuVasive’s appeal pursuant to 28 U.S.C. § 1291 . We vacate the district court’s judgment, the injunction, and the awards of fees and costs, and we remand for a new trial.

I.

The jury’s verdict that NuVasive fraudulently procured trademark registrations for the NEUROVISION mark must be vacated because the district court erroneously instructed the jury as to the elements required to prove fraud on the United States Patent and Trademark Office (“USPTO”). “[T]he burden of proving that a party fraudulently procured a trademark registration is heavy.” Robi…