Judge Grants Summary Judgment of Non-Infringement of Medical Device Design Patent in Medtronic Patent Dispute With NuVasive

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

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