Warsaw Orthopedic, Inc. v. NuVasive, Inc., No. 13-1576 (Fed. Cir. Mar. 2, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Warsaw Orthopedic (“Warsaw”) brought suit against NuVasive, Inc. (“ NuVasive”) for infringement of U.S. Patent Nos . 5,860,973 (“the ’973 patent”) and 6,945,933 (“the ’933 patent”). Nu Vasive counterclaimed for i n- fringement of U.S. Patent No. 7,470,236 (“the ’236 p a- tent”) against Warsaw and its related company, Medtronic Sofamor Danek USA, Inc. (“MSD”). For each of the three patents, t he district court sustained jury fin d- ings of infringement, awarded damages for past infring e- ment, and awarded an ongoing royalty rate. Both parties appealed.