October 22, 2015 – The Southern District of California granted Warsaw Orthopedic’s motion for Summary Judgment of Non-Infringement against NuVasive, Inc. The Court held that Warsaw’s 16mm NIM-Eclipse Direct Lateral Dilator did not infringe NuVasive’s U.S. Design Patent No. 652,922, related to the ornamental design for a dilator. The Court reasoned that a “tapered portion of the accused dilator…[was] noticeably different than the ’922 design” and “the overall ornamental aspects of the ’922 design patent in comparison to the accused device [were] plainly dissimilar.” The case is captioned Warsaw Orthopedic, Inc., et al. v. NuVasive, Inc., 12-cv-2738.
By: Christopher J. Stankus