SOURCE: NuVasive, Inc.

NuVasive, Inc.

December 15, 2010 17:00 ET

NuVasive and Osiris Settle Patent Dispute With Orthofix International and The Musculoskeletal Transplant Foundation Over Trinity® Evolution™

SAN DIEGO, CA--(Marketwire - December 15, 2010) - NuVasive, Inc. (NASDAQ: NUVA), a medical device company focused on developing products for minimally disruptive surgical treatments for the spine, announced today that they have executed a comprehensive settlement agreement ending their patent dispute with Orthofix International N.V. and The Musculoskeletal Transplant Foundation concerning the Trinity® Evolution™ tissue allograft. The lawsuit was filed in April of this year in the United States District Court for the District of New Jersey, alleging that Trinity Evolution infringes intellectual property owned by NuVasive and Osiris Therapeutics.

As part of the comprehensive settlement, the parties entered into a license agreement covering Trinity Evolution, the primary subject of which is U.S. Patent No. 6,355,239. Specific terms of the settlement, including the initial and ongoing financial terms, are confidential.

Alex Lukianov, Chairman and Chief Executive Officer, said, "We are pleased with the outcome of this dispute and the speed with which the settlement was reached. This outcome validates the strength of the Osteocel® intellectual property and demonstrates our intent to protect our investments, patents and markets. Osteocel is a compelling tissue allograft technology that we believe has a very bright future in spine surgery."

About NuVasive
NuVasive is a medical device company focused on the design, development, and marketing of products for the surgical treatment of spine disorders. The Company's product portfolio is focused primarily on the $5.1 billion U.S. spine implant market. Additionally, the Company has expanded into the $1.7 billion global biologics market, the $1.7 billion international market, and is developing products for the emerging motion preservation market.

NuVasive's principal product offering is based on its Maximum Access Surgery, or MAS® platform. The MAS platform combines four categories of products that collectively minimize soft tissue disruption during spine surgery with maximum visualization and safe, easy reproducibility for the surgeon: NeuroVision®, a proprietary software-driven nerve avoidance system; MaXcess®, a unique split-blade retractor system; a wide variety of specialized implants; and several biologic fusion enhancers. MAS significantly reduces surgery time and returns patients to activities of daily living much faster than conventional approaches. Having redefined spine surgery with the MAS platform's lateral approach, known as eXtreme Lateral Interbody Fusion, or XLIF®, NuVasive has built an entire spine franchise. With over 75 products today spanning lumbar, thoracic and cervical applications, the Company will continue to expand and evolve its offering predicated on its R&D focus and dedication to outstanding service levels supported by a culture of Absolute Responsiveness®

NuVasive cautions you that statements included in this press release that are not a description of historical facts are forward-looking statements that involve risks, uncertainties, assumptions and other factors which, if they do not materialize or prove correct, could cause NuVasive's results to differ materially from historical results or those expressed or implied by such forward-looking statements. The potential risks and uncertainties that could cause actual growth and results to differ materially include, but are not limited to: the risk that NuVasive's revenue or earnings projections may turn out to be inaccurate because of the preliminary nature of the forecasts and the risk of further adjustment, or unanticipated difficulty in selling products or generating expected profitability; the uncertain process of seeking regulatory approval or clearance for NuVasive's products or devices, including risks that such process could be significantly delayed; the possibility that the FDA may require significant changes to NuVasive's products or clinical studies; the risk that products may not perform as intended and may therefore not achieve commercial success; the risk that competitors may develop superior products or may have a greater market position enabling more successful commercialization; the risk that additional clinical data may call into question the benefits of NuVasive's products to patients, hospitals and surgeons; and other risks and uncertainties more fully described in NuVasive's press releases and periodic filings with the Securities and Exchange Commission. NuVasive's public filings with the Securities and Exchange Commission are available at www.sec.gov. NuVasive assumes no obligation to update any forward-looking statement to reflect events or circumstances arising after the date on which it was made.

Contact Information

  • Contact:
    Michael J. Lambert
    EVP & Chief Financial Officer
    NuVasive, Inc.
    858-909-1998
    Email Contact

    Investors:
    Patrick F. Williams
    Vice President, Finance & Investor Relations
    NuVasive, Inc.
    858-638-5511
    Email Contact

    Media:
    Jason Rando
    The Ruth Group
    646-536-7025
    Email Contact