
NuVasive Inc. (NSDQ:NUVA) is prepared to go another round in the long-running spinal patent battle against Medtronic (NYSE:MDT).
NuVasive vowed to "vigorously" defend itself against the latest accusations of patent infringement that Medtronic filed in an Indiana District Court earlier this month.
"NuVasive is assessing all offensive and defensive measures available to it, including the assertion of counterclaims and the use of administrative reexamination procedures available through the U.S. Patent & Trademark Office," according to a company statement.
Medtronic last week filed a lawsuit accusing NuVasive of patent infringement activity that "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."
Medtronic added a pair of orthopedic device makers to its complaint, claiming that NuVasive’s CoRoent spinal implants and Osteocel Plus bone grafts infringed patents owned by Warsaw Orthopedic and Osteotech which were exclusively licensed to Medtronic.
"NuVasive strongly denies infringing any valid claims of these additional patents and intends to defend the lawsuit vigorously," according to SEC documents filed by the company yesterday.
Medtronic and NuVasive have a long history of fighting over spinal device patents.
Medtronic recently touted a win after a California judge ruled against NuVasive’s claim that Medtronic inventor Dr. Gary Michelson and his cadre of agents had withheld relevant articles, misrepresented the state of prior art and changed the priority date on a contentious patent.
That bout followed the court’s denial of Medtronic’s request for an injunction preventing NuVasive from selling spinal implants that a jury found to infringe Medtronic patents last year. Medtronic responded by seeking enhanced damages and royalties.
The 2 medical device makers are also still embroiled in another patent battle in which Medtronic was ordered to pay $10 million in back royalties for guidance catheters that an Oklahoma jury decided willfully infringed on NuVasive’s patents.