Alphatec (ATEC) announced favorable developments in its ongoing patent litigation with NuVasive (NUVA) relative to NUVA's CoRoent® lateral implants.
In February 2019, the U.S. District Court in southern California granted a stay in the patent litigation proceedings between the companies and vacated the December 9, 2019 trial date. The stay, which was agreed to by both parties, halts active litigation in the patent suit while the USPTO considers challenges recently filed by ATEC to invalidate certain NUVA patents covering CoRoent.
NUVA filed a suit against ATEC one year ago, asserting various infringement claims against ATEC’s lateral surgery procedure. In May 2018, upon ATEC’s motion, the Court dismissed NUVA's claims that ATEC infringed design patents covering the implants and sequential dilators used in lateral surgery.
In July 2018, the Court denied NUVA's motion for preliminary injunction, rejecting an effort to block ATEC from participation in the lateral surgery market and finding that NUVA failed to meet its burden to prove it was likely to succeed on the merits of its case. Finally, in January 2019, the Court rejected NUVA's attempt to dismiss ATEC’s claims that NUVA intentionally had misled the Patent Office as a means of obtaining certain patents asserted against ATEC.
ATEC anticipates that the stay of proceedings announced today will remain in effect until at least July 2019, when it is expected that the Patent Office will decide whether it will institute a full review of the challenged NUVA implant patents.
Source: Alphatec Holdings, Inc.