直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Failure to Object to Jury Instructions Kills Invalidity Counterclaim

February 13, 2018

Authored and Edited by Christopher B. McKinley; Lillian M. Robinson; Elizabeth D. Ferrill

In Flexuspine, Inc. v. Globus Medical, Inc., Nos. 17-1188, 17-1189 (Fed. Cir. Jan. 19, 2018), the Federal Circuit affirmed a district court’s decision denying motions to amend the judgment to include an invalidity determination.

Flexuspine had sued Globus for infringing patents covering spinal implants in the Eastern District of Texas.  At trial, the district court adopted a verdict form proposed by Flexuspine that included a “stop instruction,” which instructed jurors to only answer invalidity questions if they first answered affirmatively to prior infringement questions.  Globus did not object to the verdict form. 

The jury, however, initially ignored the “stop instruction” and returned verdicts of both noninfringement and invalidity.   The court then instructed the jury to follow the “stop instruction,” and the jury returned a verdict of noninfringement, but not invalidity.  After judgement of noninfringement was entered, Globus moved to amend the judgment to add a judgment of invalidity.  The district court denied the motion, and Globus appealed.

On appeal, the Federal Circuit held that the district court acted within its discretion to instruct the jury to follow the “stop instruction” because Globus did not timely object to the verdict form.  The Court further determined that Globus’s invalidity challenge was submitted to the jury as an affirmative defense and not a counterclaim, so no jury answer was required.

Tags

counterclaims, Judgment as a Matter of Law (JMOL), jury trial

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Contacts

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Federal Circuit IP Blog

Staying True to the Specification: Federal Circuit Vacates Preliminary Injunction Based on Unsupported Claim Constructions

September 16, 2026

Articles

California Brings First CCPA and Delete Act Enforcement Action Against Data Broker

September 4, 2026

European IP Blog

The Decision in G 1/25: A More Relaxed Approach to Description Amendments in Europe?

3 September 2026

Lecture

Introduction to U.S. Judicial System and Litigation

August 25, 2026

Tokyo

European IP Blog

UPC Action Permissibly Lodged Prior to the Grant of a European Patent

12 August 2026

Webinar

2026 USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution

August 4, 2026

Webinar

IP Updates

Too Concrete to Fail: Ceiva’s Guidance on the Use of Sufficiently Concrete Structures to Overcome Section 101 Rejections

July 28, 2026

Webinar

Successful Strategies to Win Alice Motions and Fee Awards in Patent Cases Against Non-Practicing Entities

July 22, 2026

Webinar

Articles

This Article Was Written Entirely by AI — Welcome to Synthetic Patent Litigation

July/August 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP