Warsaw Orthopedics v. Nuvasic

October 13, 2014 – Plaintiffs/Counter Defendants Warsaw Orthopedic, Inc., Medtronic Sofamor Danek U.S.A., Inc., Medtronic Puerto Rico Operations Co., and Osteotech, Inc. v. Defendant/Counter Claimant, NuVasic, Inc.; 12-cv-2738-CAB (MDD). The United States District Court, Southern District of California denied NuVasic’s motion to bifurcate the jury trial and proceed only on issues of infringement and invalidity to the asserted patents and then, if necessary sit a second jury to hear the damages portion of the case. Dispositive motions are set for hearing on January 28, 2015. The patents at issues are U.S. Patent No. 5,676,146, entitled “Surgical Implant Containing a Resorbable Radiopaque Marker and Method of Locating such within a Body” and U.S. Patent No. D652, 922, entitled “Dilator.”

By: Christopher J. Stankus

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