Trudell Medical International Inc. v. D R Burton Healthcare, LLC, No. 23-1777 (Fed. Cir. Feb. 7, 2025)

From the Opinion

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Trudell Medical International Inc. (Trudell) appeals the United States District Court for the Eastern District of North Carolina’s decision to allow D R Burton Healthcare, LLC (D R Burton) to present infringement testimony by Dr. John Collins at trial. Trudell also appeals the denial of a motion for judgment as a matter of law (JMOL) on in- fringement of claims 1 –7, 9, and 18 of U.S. Patent No. 9,808,588 or, in the alternative, a new trial on infringe- ment of claims 1–18 and 20–26 of the ’588 patent (the As- serted Claims) . See Trudell Med . Int’l v.