Intellectual Property Analysis of NuVasive Inc. v. Globus Medical Inc.

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On October 5, 2010, NuVasive, Inc. initiated a patent infringement lawsuit against Globus Medical, Inc. over Globus Medical’s LLIF lateral fusion offerings. NuVasive claims that these instruments, implants and techniques infringe on NuVasive’s XLIF intellectual property, specifically that disclosed within U.S. Patent No. 7,691,057. In fact, this is just the most current in a string of lawsuits NuVasive has levied against competitors such as Orthofix International and a counterclaim against Medtronic. These most recent assertions have only continued to bring NuVasive to the attention of a number of other market players in the space, including Medtronic.

Using the M•CAM DOORS™ software platform, the innovation space surrounding the asserted patent was examined in order to understand its strength and defensibility in the face of prior and concurrent art innovations.

This report focuses on entities of interest with patents and innovations that predate or coexist with the holdings of NuVasive, as well as public-domain alternatives.