October 21, 2015 – United States District Court Judge Cathy Ann Bencivengo issued an Order granting plaintiffs Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek U.S.A., Inc.’s motion for summary judgment of non-infringement on October 20. NuVasive was arguing in the lawsuit that the ornamental aspects of Medtronic’s 16mm NIM-Eclipse Direct Lateral Dilator (used in spinal surgery) were similar to those of NuVasive’s design patent. The patent-in-suit in this litigation is U.S. Design Patent No. 652,922, entitled “Dilator.” The case is Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc., Civil Action No. 12-cv-2738-CAB (MDD) (S.D. Cal.).
By: Frederick C. Millett