Warsaw Orthopedic Inc., Medtronic Sofamor Danek USA Inc., Medtronic Puerto Rico Operations Co., Osteotech Inc. v. Nuvasive Inc.
Published: Dec. 12, 2015 | Result Date: Oct. 20, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02738-CAB-MDD Summary Judgment – Plaintiff
Court
USDC Southern District of California
Attorneys
Plaintiff
Sharre S. Lotfollahi
(Kirkland & Ellis LLP)
Defendant
Michael A. Amon
(Fish & Richardson PC )
Sara Lai-Ming Rose
(Wilson, Sonsini, Goodrich & Rosati PC)
Neil A. Warren
(Fish & Richardson PC)
Frank E. Scherkenbach
(Fish & Richardson PC)
Facts
Plaintiffs sued NuVasive Inc. for patent infringement relating to NuVasive's family of spinal implants.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that NuVasive infringed their patents by making, using, offering for sale, and selling infringing products, such as spinal implants and a bone graft product.
DEFENDANT'S CONTENTIONS:
NuVasive denied infringing plaintiffs' patents and asserted various affirmative defenses. It also counterclaimed, seeking to invalidate plaintiffs' patents and alleging that Medtronic infringed seven of NuVasive's patents.
COUNTER-DEFENDANT'S
Result
The court granted Warsaw's motion for summary judgment of non-infringement, concluding that NuVasive could not establish that an ordinary observer would be deceived into thinking that the accused device was the same as its patented design.
Other Information
NuVasive has moved for summary judgment seeking invalidity and non-infringement of plaintiffs' patent claims. FILING DATE: Nov. 9, 2012.
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