A federal judge in California dealt blows to both sides in a patent infringement dispute over spinal implant technology between several Medtronic Inc. (NYSE:MDT) subsidiaries and NuVasive Inc. (NSDQ:NUVA).
Judge Michael Anello of the U.S. District Court for Southern California “tentatively” denied Medtronic’s move for summary judgment “on the ground that there are no genuine issues as to any material fact,” according to court documents.
Anello also shot down with prejudice NuVasive’s rival summary judgment motion asking him to rule one of the patents invalid, that the company didn’t infringe two others and that one co-plaintiff, Warsaw Orthopedic Inc., isn’t entitled to lost profit damages.
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Warsaw Orthopedic, Medtronic Sofamor Danek USA Inc., Medtronic Puerto Rico Operations Co. and Medtronic Sofamor Danek Deggendorf GmbH sued NuVasive in 2008, accusing the San Diego-based company of infringing 12 patents relating to spinal implants that Fridley, Minn.-based Medtronic licenses from Warsaw.
Anello’s twin rulings mean the case will go on.
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