Warsaw Orthopedics Wins Summary Judgment of Non-Infringement

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

View Attachment (PDF)