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`Stephen C. Holmes (CA SBN 200727)
`Email: sholmes
`dl.com
`DEWEY_ & L_EB EUF LLP_
`1950 University Avenue Suite 500
`East Palo Alto, CA 94363-2225
`Telephone: 650) 845-7000
`Facsimile:
`( 50) 845-7333
`
`Dirk.D. Thomas, Esq. (appearing pro hac vice)
`Emall: dthomas
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`Schfivartz, @s . (appearingpro hac vice)
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`Robert
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`1 101 New York Avenue, N.W.
`Washington, D.C. 20005-4213
`Telephone: E202) 346-8000
`Facs1m1le: ( 02) 346-8102
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`Jonatha_n Hangartner, Esq. (CA SBN 196268)
`Email: _]O1’1@X- atents.com
`5670 La Jo a oulevard
`La Jolla, CA 92037
`Telephone: g858) 454-4313
`Facs1m1le: ( 58) 454-4314
`
`Attorneys for Plaintiffs
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`MEDTRONIC SOFAMOR DANEK
`USA, INC.; WARSAW
`ORTHOPEDIC, INC: MEDTRONIC
`PUERTO RICO OPERATIONS co.;
`%‘XN“%‘%<D3§8E%:%%%%%?‘8n§bH,
`Plaintiffs,
`
`Case No.: 3:08-cv-01512-LAB-AJB
`
`¥%‘1§R<‘%fa%1¥D1x%?151%%‘§%«%l%“¥
`JURY TRIAL DEMANDED
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`V .
`
`NUVASIVE, INC.
`
`Defendant.
`
`MSD1010
`
`MSD 1010
`
`1
`
`
`
`Plaintiffs Medtronic Sofamor Danek USA, Inc. (“Medtronic USA”), Warsaw
`
`Orthopedic, Inc. (“Warsaw”), Medtronic Puerto Rico Operations Co. (“Medtronic
`
`Puerto Rico”), and Medtronic Sofamor Danek Deggendorf, GmbH (“Medtronic
`
`Deggendorf’) bring this First Amended Complaint against defendant NuVasiVe, Inc.
`
`(“NuVasiVe”), alleging as follows:
`
`PARTIES, JURISDICTION, AND VENUE
`
`1.
`
`Plaintiff Medtronic USA is a Tennessee corporation, with its principal
`
`place of business in Memphis, Tennessee. Medtronic USA is a leading distributor of
`
`medical devices and instruments for use in the spine, including spinal implants.
`
`2.
`
`Plaintiff Warsaw is an Indiana corporation, with its principal place of
`
`business in Winona Lake, Indiana.
`
`3.
`
`Plaintiff Medtronic Puerto Rico is a Cayman Islands corporation, with its
`
`principal place of business in Villalba, Puerto Rico.
`
`4.
`
`Plaintiff Medtronic Deggendorf is a German corporation, with its principal
`
`place of business in Deggendorf, Germany.
`
`5.
`
`Defendant NuVasiVe is a Delaware corporation, with its principal place of
`
`business in San Diego, California. NuVasiVe manufactures and markets Various
`
`medical devices and instruments for use in the spine, including spinal implants.
`
`6.
`
`This action arises under the patent laws of the United States, Title 35 of
`
`the United States Code.
`
`7.
`
`This Court has subject matter jurisdiction over the action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) in that this action arises under the Acts of Congress
`
`relating to patents.
`
`8.
`
`Upon information and belief, NuVasiVe transacts business in this judicial
`
`district by manufacturing, selling, or offering to sell products that infringe, by
`
`contributing to the infringement of the patents at issue in this action, or by conducting
`
`other business within this judicial district.
`
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`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
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`28
`
`2
`
`
`
`9.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c)
`
`and/or 1400(b).
`
`COUNT I
`
`10.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`11. United States Patent No. 5,860,973 (the “’973 patent,” a copy of which is
`
`attached hereto as Exhibit A), entitled “Translateral Spinal Implant,” issued on January
`
`19, 1999. Plaintiff Warsaw is the owner of the ’973 patent by assignment, as recorded
`
`at the United States Patent and Trademark Office, Reel 018883, Frame 0400. Plaintiffs
`
`Medtronic USA, Medtronic Puerto Rico, and Medtronic Deggendorf are co-exclusive
`
`licensees of the ’973 patent from Plaintiff Warsaw and, together with Plaintiff Warsaw,
`
`share the exclusive right to bring suit for infringement of the patent.
`
`12. NuVasiVe is infringing and has infringed the ’973 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`CoRoent XL product, within the United States.
`
`13. NuVasive’s infringement of the ’973 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT II
`
`14.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`15. United States Patent No. 5,772,661 (the “’66l patent,” a copy of which is
`
`attached hereto as Exhibit B), entitled “Methods and Instrumentation for the Surgical
`
`Correction of Human Thoracic and Lumbar Spinal Disease from the Antero—Lateral
`
`Aspect of the Spine,” issued on June 30, 1998. Plaintiff Warsaw is the owner of the
`
`’661 patent by assignment, as recorded at the United States Patent and Trademark
`
`Office, Reel 018323, Frame 0173. Plaintiffs Medtronic USA, Medtronic Puerto Rico,
`
`and Medtronic Deggendorf are co-exclusive licensees of the ’661 patent from Plaintiff
`
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`Warsaw and, together with Plaintiff Warsaw, share the exclusive right to bring suit for
`
`infringement of the patent.
`
`16. On information and belief, NuVasive has contributed to acts of
`
`infringement of the ’66l patent, such acts having been committed in the United States.
`
`Such acts of infringement have been committed by at least Doctors Burak M. Ozgur,
`
`Henry E. Aryan, Luiz Pimenta, and William R. Taylor as evidenced by the technical
`
`report entitled “Extreme Lateral Interbody Fusion (XLIF): a novel surgical technique
`
`for anterior lumbar interbody fusion,” published in The Spine Journal 6, in 2006, and
`
`attached as Exhibit C.
`
`17.
`
`By selling, offering to sell, and promoting and teaching the use of at least
`
`its CoRoent XL product, NuVasive has contributed to the infringement and continues
`
`to contribute to the infringement of the ’661 patent, under 35 U.S.C. § 271(c), by
`
`selling, offering to sell, and promoting and teaching components and/or materials that
`
`are especially made or especially adapted for use in direct infringement of at least one
`
`of the methods claimed in the ’661 patent, and are not a staple article suitable for
`
`substantial non-infringing use.
`
`18. NuVasive’s contributory infringement of the ’661 patent has caused and
`
`will continue to cause Plaintiffs substantial damages, and has caused and will continue
`
`to cause Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT III
`
`19.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`20. United States Patent No. 6,936,051 B2 (the ‘‘’051 patent,” a copy of which
`
`is attached hereto as Exhibit D), entitled “Multi1ock Anterior Cervical Plating System,”
`
`issued on August 30, 2005. Plaintiff Warsaw is the exclusive licensee of the ’051
`
`patent. Plaintiffs Medtronic USA, Medtronic Puerto Rico, and Medtronic Deggendorf
`
`are co-exclusive sub-licensees of the ’O5l patent from Plaintiff Warsaw and, together
`
`with Plaintiff Warsaw, share the right to bring suit for infringement of the patent.
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`21. NuVasive is infringing and has infringed the ’05l patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Gradient product, within the United States.
`
`22. NuVasive’s infringement of the ’051 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT IV
`
`23.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`24. United States Patent No. 6,936,050 B2 (the “’050 patent,” a copy of which
`
`is attached hereto as Exhibit E), entitled “Multilock Anterior Cervical Plating System,”
`
`issued on August 30, 2005. Plaintiff Warsaw is the exclusive licensee of the ’050
`
`patent. Plaintiffs Medtronic USA, Medtronic Puerto Rico, and Medtronic Deggendorf
`
`are co—exclusive sub—licensees of the ’050 patent from Plaintiff Warsaw and, together
`
`with Plaintiff Warsaw, share the right to bring suit for infringement of the patent.
`
`25. NuVasive is infringing and has infringed the ’050 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Gradient product, within the United States.
`
`26. NuVasive’s infringement of the ’050 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT V
`
`27.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`28. United States Patent No. 6,916,320 B2 (the “’320 patent,” a copy of which
`
`is attached hereto as Exhibit F), entitled “Anterior Cervical Plate System,” issued on
`
`July 12, 2005. Plaintiff Warsaw is the owner of the ’320 patent by assignment, as
`
`recorded at the United States Patent and Trademark Office, Reel 018207, Frame 0410.
`
`Plaintiffs Medtronic USA, Medtronic Puerto Rico, and Medtronic Deggendorf are co-
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`exclusive licensees of the ’320 patent from Plaintiff Warsaw and, together with
`
`Plaintiff Warsaw, share the exclusive right to bring suit for infringement of the patent.
`
`29. NuVasive is infringing and has infringed the ’320 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Gradient product, within the United States.
`
`30. NuVasive’s infringement of the ’320 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT VI
`
`31.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`32. United States Patent No. 6,945,933 B2 (the “’933 patent,” a copy of which
`
`is attached hereto as Exhibit G), entitled “Instruments and Methods for Minimally
`
`Invasive Tissue Retraction and Surgery,” issued on September 20, 2005. Plaintiff
`
`Warsaw is the owner of the ’933 patent by assignment, as recorded at the United States
`
`Patent and Trademark Office, Reel 018573, Frame 0086. Plaintiffs Medtronic USA,
`
`Medtronic Puerto Rico, and Medtronic Deggendorf are co—exclusive licensees of the
`
`’933 patent from Plaintiff Warsaw and, together with Plaintiff Warsaw, share the
`
`exclusive right to bring suit for infringement of the patent.
`
`33. NuVasive is infringing and has infringed the ’933 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`MaXcess product, within the United States.
`
`34. NuVasive’s infringement of the ’933 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`35.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`COUNT VII
`
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`36. United States Patent No. 6,969,390 B2 (the “’390 patent,” a copy of which
`
`is attached hereto as Exhibit H), entitled “Anterior Cervical Plating System and Bone
`
`Screw” issued on November 29, 2005. Plaintiff Warsaw is the owner of the ’390 patent
`
`by assignment, as recorded at the United States Patent and Trademark Office, Reel
`
`018720, Frame 0323. Plaintiffs Medtronic USA, Medtronic Puerto Rico, and
`
`Medtronic Deggendorf are co-exclusive licensees of the ’390 patent and, together with
`
`Plaintiff Warsaw, share the exclusive right to bring suit for infringement of the patent.
`
`37. NuVasive is infringing and has infringed the ’390 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Helix product, within the United States.
`
`38. NuVasive’s infringement of the ’390 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT VIII
`
`39.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`40. United States Patent No. 6,428,542 B1 (the “’542 patent,” a copy of which
`
`is attached hereto as Exhibit 1), entitled “Single-Lock Anterior Cervical Plate,” issued
`
`on August 6, 2002. Plaintiff Warsaw is the owner of the ’542 patent by assignment, as
`
`recorded at the United States Patent and Trademark Office, Reel 018720, Frame 03 23.
`
`Plaintiffs Medtronic USA, Medtronic Puerto Rico, and Medtronic Deggendorf are co-
`
`exclusive licensees of the ’542 patent and, together with Plaintiff Warsaw, share the
`
`exclusive right to bring suit for infringement of the patent.
`
`41. NuVasive is infringing and has infringed the ’542 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Helix product, within the United States.
`
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`42. NuVasiVe’s infringement of the ’542 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`COUNT IX
`
`43.
`
`Paragraphs 1-9 are incorporated into this count by reference.
`
`44. United States Patent No. 6,592,586 B1 (the “’586 patent,” a copy of which
`
`is attached hereto as Exhibit J), entitled “Single-Lock Anterior Cervical Plating
`
`System,” issued on July 15, 2003. Plaintiff Warsaw is the owner of the ’586 patent by
`
`assignment, as recorded at the United States Patent and Trademark Office, Reel
`
`018207, Frame 0410. Plaintiffs Medtronic USA, Medtronic Puerto Rico, and
`
`Medtronic Deggendorf are co-exclusive licensees of the ’586 patent and, together with
`
`Plaintiff Warsaw, share the exclusive right to bring suit for infringement of the patent.
`
`45. NuVasive is infringing and has infringed the ’586 patent by making,
`
`selling, offering for sale, and using infringing products, including but not limited to its
`
`Helix product, within the United States.
`
`46. NuVasiVe’s infringement of the ’586 patent has caused and will continue
`
`to cause Plaintiffs substantial damages, and has caused and will continue to cause
`
`Plaintiffs irreparable harm for which there is no adequate remedy at law.
`
`WI-IEREFORE, Plaintiffs request that the Court:
`
`PRAYER FOR RELIEF
`
`1.
`
`2.
`
`Adjudge that NuVasive has infringed and is infringing the ’973 patent;
`
`Adjudge that NuVasive has contributed and is contributing to the
`
`infringement of the ’66l patent.
`
`3.
`
`4
`
`5.
`
`6
`
`Adjudge that NuVasive has infringed and is infringing the ’051 patent;
`
`Adjudge that NuVasive has infringed and is infringing the ’050 patent;
`
`Adjudge that NuVasive has infringed and is infringing the ’320 patent;
`
`Adjudge that NuVasive has infringed and is infringing the ’933 patent;
`
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
`
`22
`
`23
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`24
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`
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`
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`
`
`
`7.
`
`8.
`
`9.
`
`Adjudge that NuVasive has infringed and is infringing the ’390 patent;
`
`Adjudge that NuVasive has infringed and is infringing the ’542 patent;
`
`Adjudge that NuVasive has infringed and is infringing the ’586 patent;
`
`10.
`
`Preliminarily and permanently enjoin NuVasive and its affiliates,
`
`subsidiaries, officers, directors, employees, agents, representative, licensees,
`
`successors, and assigns, and all those acting for it and on its behalf, or acting in concert
`
`with it, from further infringement, including contributory infringement, of the ’973,
`
`’661, ’05l, ’050, ’320, ’933, ’390, ’542, and ’586 patents.
`
`11. Award compensatory damages to Plaintiffs, together with interest;
`
`12. Award Plaintiffs their costs and, where appropriate, reasonable attorneys
`
`fees under 35 U.S.C. § 285; and
`
`13. Award Plaintiffs any other such relief as the Court deems just and proper.
`
`Dated: October 6, 2008
`
`Respectfiilly submitted,
`
`s/Robert A. Auchter
`Stephen C. Holmes (CA SBN 200727)
`Email: sholmes
`dl.com
`DEWEY_ & LEB EUF LLP_
`1950 University Avenue Suite 500
`East Palo Alto, CA 94363-2225
`Telephone: 650) 845-7000
`Facsimile:
`( 50) 845-7333
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`Washington, D.C. 20005-4213
`Telephone: 202) 346-8000
`Facsimile: ( 02) 346-8102
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`Jonathan Hangartner, Esq. (CA SBN 196268)
`Email: ]on@x- atents.com
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`5670 La Jo a oulevard
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`WARSAW ORTHOPEDIC, INC: MEDTRONIC
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`28
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`PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.
`
`JURY TRIAL DEMAND
`
`Dated: October 6, 2008
`
`s/Robert A. Auchter
`Stephen C. Holmes (CA SBN 200727)
`Email: sholmes
`dl.com
`DEWEY & LEB EUF LLP
`1950 University Avenue Suite 500
`East Palo Alto, CA 94363-2225
`Telephone: 650) 845-7000
`Facslmile:
`( 50) 845-7333
`
`Dirk D. Thomas, Esq. (appearing pro hac vice)
`Email: dthomas
`dl.com
`Jeff
`Schwartz,
`s . (appearing pro hac vice)
`Email: ]schwartz@ .com
`Robert A. Auchter, Esq. (appearing pro hac vice)
`§1:11§.1l2JI‘E]1§1C1l’llteI‘ dl.c€m
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`DEWE & L OEUF LLP
`1101 New York Avenue, N.W.
`Washington, D.C. 20005-4213
`Telephone: 202) 346-8000
`Facsimile: ( 02) 346-8102
`
`Jonathan Hangartner, Esq. (CA SBN 196268)
`Email: Jon?» atents.com
`5670 La Jo a oulevard
`La Jolla, CA 92037
`Telephone: 858) 454-4313
`Facsimile: ( 58) 454-4314
`
`Attornefigor Plaintifs
`MEDT NIC SOF MOR DANEK USA INC.;
`WARSAW ORTHOPEDIC, INC: MEDTRONIC
`PUERTO RICO OPERATIONS Co.; and
`MEDTRONIC SOFAMOR DANEK
`DEGGENDORF, GmbH.
`
`11
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`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`MEDTRONIC SOFAMOR DANEK
`USA INC.; WARSAW
`ORTHOPEDIC, INC.; MEDTRONIC
`PUERTO RICO OPERATIONS CO.;
`and MEDTRONIC SOFAMOR
`DANEK DEGGENDORF’ GmbH’
`Plaintiffs,
`
`V.
`
`I 1U ' ASIVE’ INC‘
`Defendant.
`
`I, the undersigned, Say:
`
`Case No.: 3 :08—cv—O15 12—LAB—AJB
`
`PROOF OF SERVICE BY
`ELECTRONIC POSTING
`PURSUANT TO SOUTHERN
`DISTRICT OF CALIFORNIA
`LOCAL CIVIL RULE 5.l=$)E
`AND ECF GENERAL 0
`No. 550
`JURY TRIAL DEMANDED
`
`R
`
`I am a citizen of the United States and am employed in the office of an attorney
`
`appearing in this action.
`
`I am over the age of 18 and not a party to this action. My
`
`business address is 1101 New York Avenue, NW, Washington, D.C. 20005-4213.
`
`On October 6, 2008, I served the following document:
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`on all parties, all of whom are ECF-registered, by posting such document
`
`electronically to the ECF system of the United States District Court for the Southern
`
`District of California. They are:
`
`NuVasive, Inc.
`Kimberl Kennedy
`Fish& 'chardson
`12390 El Camino Real
`San Diego, CA 92130
`Telephone: 858)678-4748
`FacsIm1le:( 58)678-5099
`Email: kennedy@fr.com
`
`I certify under penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct.
`
`Executed: October 6, 2008
`
`s/Robert A. Auchter
`
`12
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`
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`2011 WL 9820658 (S.D.Cal.)
`
`Page 1
`
`For Opinion See 2012 WL 474181 , 2010 WL 9506643 , 2009 WL 8590869
`
`United States District Court, S.D. California.
`WARSAW ORTHOPEDIC, INC., Plaintiff,
`v.
`NUVASIVE, INC., Defendant;
`Nuvasive, Inc., Counterclaimant,
`v.
`Medtronic Sofamor Danek USA, Inc., Counterclaim Defendant,
`And Related Counterclaims.
`No. 3:08-CV-01512-MMA (MDD).
`September 29, 2011.
`
`Judgment Following Jury Verdict
`
`PHASE ONE
`
`This matter was tried before a jury, commencing on August 30, 2011 with the Honorable Michael M. Anello pre-
`siding. On September 20, 2011, the jury returned its verdict. In accordance with the verdict so rendered by the jury in
`this matter, judgment is hereby entered as follows:
`
`1. Judgment in favor of Plaintiff Warsaw Orthopedic, Inc. (“Warsaw Orthopedic”) and against defendant NuVasive,
`Inc. (“NuVasive”) in the amount of $101,196,000 on Warsaw Orthopedic's claims of infringement of U.S. Patent Nos.
`5,860,973 (“the '973 patent”) (claims 24, 41, 42, 57, and 61); 6,945,933 (“the '933 patent”) (claims 21, 57 and 66); and
`6,592,586 (“the '586 patent”) (claims 78, 148, and 167).
`
`2. The award of $101,196,000 represents the jury's determination that Warsaw Orthopedic was entitled to lost profits
`damages (with royalty remainder).
`
`3. The royalty rates determined by the jury are as follows: 10% for the '973 patent, 3% for the '933 patent, and 2% for
`the '586 patent.
`
`4. The jury found that claims 24, 41,42, 57, and 61 of the '973 patent are not invalid by reason of anticipation or
`obviousness.
`
`5. Judgment in favor of Counterclaimant NuVasive and against counterclaim defendant Medtronic Sofamor Danek
`USA, Inc. in the amount of $660,000 on NuVasive's claim of infringement of U.S. Patent No. 7,470,236 (“the '236
`patent”) (claims 1,5, and 9).
`
`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`13
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`2011 WL 9820658 (S.D.Cal.)
`
`Page 2
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`6. The royalty rate determined by the jury for the '236 patent is 5.5%.
`
`7. Interest on the damages awarded shall be calculated in accordance with 28 U.S.C. 1961.
`
`8. A bench trial shall be had to address NuVasive's counterclaim that the '973 patent is unenforceable due to inequi-
`table conduct.
`
`9. While the parties have agreed to the form of this judgment, they expressly reserve their rights to file post-judgment
`motions, including without limitation motions for judgment as a matter of law, new trial, permanent injunction, pre-
`judgment interest, accounting of post-discovery and post-judgment damages, and compulsory royalties.
`
`10. This judgment relates solely to the Phase One proceedings of this litigation as previously established by the Court,
`and does not adjudicate the parties' rights under their respective patents-in-suit not included in the Phase One pro-
`ceedings.
`
`DATED: September 29, 2011
`
`<<signature>>
`
`Hon. Michael M. Anello
`
`United States District Judge
`
`DATED: September 29, 2011
`
`W. Samuel Hamrick
`
`Clerk
`
`s/L. Hammer
`
`(By) Deputy Clerk
`
`ENTERED ON September 29, 2011
`
`END OF DOCUMENT
`
`Appendix not available.
`
`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`14
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`2011 WL 9820658 (S.D.Cal.)
`
`Page 3
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`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
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