Warsaw Orthopedic, Inc. v. NuVasive, Inc.

On June 15, 2016, the U.S. District Court for the Southern District of California issued a decision granting NuVasive’s (“Defendant’s”) motion to stay the litigation pending any appeal that Warsaw (“Plaintiff”) may take from the United States Patent and Trademark Office’s (“PTO’s”) determination that U.S. Patent No. 5,860,973 (“the ‘973 Patent”) is invalid.  In the underlying case, the Federal Circuit had remanded the case for a determination of damages, after affirming jury findings that the ‘973 Patent was valid and infringed.  In the original complaint, the Plaintiff accused the Defendant of infringing the ‘973 Patent, which is drawn to a translateral spinal implant.  In the decision, the Court determined that because the Plaintiff will no longer have a cause of action to assert the ‘973 Patent if the PTO’s determination that the claims of the ‘973 Patent are invalid is affirmed on appeal, the Court determined that it was in the parties’ best interest to stay the litigation.  The case remains pending and is captioned 3:08-cv-01512.

By: Jacqueline A. DiRamio

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