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.
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.
IP Updates
July 28, 2026
Articles
This Article Was Written Entirely by AI — Welcome to Synthetic Patent Litigation
July/August 2026
Federal Circuit IP Blog
July 8, 2026
Federal Circuit IP Blog
July 8, 2026
At the PTAB Blog
June 30, 2026
Articles
How Low Can You Go? Courts Lower Marking Defense Burden, Raising Patent Damages Risks
June 29, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.