Rex Medical v. Intuitive Surgical (Fed. Cir., October 2, 2025) 2024-1072

This episode concerns a decision from the United States Court of Appeals for the Federal Circuit regarding a patent infringement case, Rex Medical, L.P. v. Intuitive Surgical, Inc. The core issues addressed are damages, infringement, and patent validity of U.S. Patent No. 9,439,650, which relates to surgical stapling systems. The Federal Circuit ultimately affirmed the district court’s rulings, specifically upholding the exclusion of Rex Medical's damages expert testimony due to a failure to apportion the value of a prior license agreement. Consequently, the court affirmed the Judgment as a Matter of Law (JMOL) reducing the jury's $10 million damages award to nominal damages of $1 because Rex failed to provide sufficient evidence to support the higher amount. Finally, the court denied Intuitive Surgical's cross-appeal arguments related to non-infringement and the invalidity of the patent for lack of written description.

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