Barry v. DePuy Synthes Companies (Fed. Cir., January 20, 2026) 2023-2226
This episode concerns an opinion in Barry v. DePuy Synthes Companies by the United States Court of Appeals for the Federal Circuit reviewing a district court's decision to exclude critical expert testimony and granting judgment as a matter of law in favor of the defendant. The dispute centers on patent infringement allegations regarding surgical tools and techniques used to correct spinal deformities through a method known as "en bloc derotation." While the lower court dismissed the testimony of Dr. Yassir and Dr. Neal as unreliable and contradictory, the appellate court ruled that these…
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