Nuvasive, Inc. v. Alphatec Holdings, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NUVASIVE, INC., Case No.: 3:18-CV-347-CAB-MDD

Plaintiff,

ORDER RE ALPHATEC’S MOTION

v. FOR SUMMARY JUDGMENT

ALPHATEC HOLDINGS, INC. et al., [Doc. No. 252, 256] Defendants. 16 This is a patent infringement case in which NuVasive asserts that Alphatec infringes seven of its United States patents. Discovery has concluded and Alphatec now moves for summary judgment of non-infringement of all the asserted patents, for summary judgment of the allegations of indirect infringement, for summary judgment of its invalidity defense as to the ‘832 patent and for the adjudication of NuVasive’s assignor estoppel claim. Finally, Alphatec moves for summary adjudication of NuVasive’s claim of lost profits damages. [Doc. No. 256.] NuVasive opposed. [Doc. No. 261.] Alphatec filed a reply. [Doc. No. 264.] The Court held oral argument on March 13, 2020. Having considered the

26 1 U.S. Patent No. 7,819,801…