Warsaw Orthopedic, Inc. v. NuVasive, Inc., No. 13-1576 (Fed. Cir. June 3, 2016)

From the Opinion

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This case returns to this court on vacatur and remand from the Supreme Court, “ for further consideration in light of Commil USA, LLC v. Cisco Systems, Inc. , [135 S. Ct. 1920 (2015)].” Medtronic Sofamor Danek USA, Inc. v. NuVasive, Inc., 136 S. Ct. 893 (2016) (Mem.). On remand, we reaffirm the district court’s judgment with respect to U.S. Patent No. 7,470,236 (“the ’236 patent”) and rei n- state our earlier judgment in other respects. BACKGROUND The vacated decision, Warsaw Orthopedic, Inc. v. NuVasive, Inc., 778 F.3d 1365 (Fed. Cir.