`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`WARSAW ORTHOPEDIC, INC., et
`CASE NO. 08-cv-1512-CAB (MDD)
`al,
`ORDER CLOSING CASE
`
`Plaintiffs,
`
`vs.
`NUVASIVE, INC.,
`
`Defendant.
`
`On October 6, 2008, the plaintiffs filed an amended complaint alleging defendant
`infringed nine of plaintiffs’ United States patents. [Doc. No. 11.] On September 21,
`2009, defendant filed an amended counterclaim alleging plaintiffs infringed three of
`defendant’s United States patents. [Doc. No. 81.] The case management order entered
`by the trial judge directed the parties to proceed to trial in phases. For Phase I, plaintiffs
`selected to litigate three patents and defendant selected one patent. [Doc. No. 330.] All
`four patents were tried to verdict before a jury. [Doc. No. 397.]
`On March 2, 2012, judgment was entered on this first phase following
`determinations on post-trial motions and a bench trial on defendant’s affirmative
`defense of inequitable conduct. [Doc. No. 486.] Orders regarding the award of
`prejudgment interest [Doc. No. 504] and post-trial ongoing royalties [Doc. No. 592,
`610] were subsequently entered.
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`WARSAW2040
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00206
`
`Page 1
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`
`
`Case 3:08-cv-01512-CAB-MDD Document 613 Filed 08/20/13 Page 2 of 2
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`As of July 22, 2013, all the remaining claims that were to be adjudicated in the
`proposed subsequent phases of this litigation, have been dismissed. [Doc. Nos. 588,
`601, 608.] Finding that no further matters remain to be adjudicated in this case, the
`judgment entered on March 2, 2012 [Doc. No. 486], and the orders on the award of
`interest and ongoing royalties [Doc. Nos. 504, 592, 610], are deemed FINAL and this
`case is CLOSED.
`IT IS SO ORDERED.
`
`DATED: August 20, 2013
`
`CATHY ANN BENCIVENGO
`United States District Judge
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`08cv1512
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`Page 2
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