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IN RE NUVASIVE, INC.

2015-1672, 2015-1673.

841 F.3d 966 (2016)

IN RE: NUVASIVE, INC., Appellant.

United States Court of Appeals, Federal Circuit.

Decided: November 9, 2016.

Attorney(s) appearing for the Case

MICHAEL T. ROSATO , Wilson, Sonsini, Goodrich & Rosati, PC, Seattle, WA, argued for appellant. Also represented by ANDREW SWANSON BROWN ; RICHARD TORCZON , Washington, DC; GRACE J. PAK , PAUL DAVID TRIPODI, II , Los Angeles, CA.

JOSEPH MATAL , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee. Also represented by THOMAS W. KRAUSE , SCOTT WEIDENFELLER.

Before MOORE, WALLACH, and TARANTO, Circuit Judges.

NuVasive, Inc. owns U.S. Patent No. 8,187,334, which describes and claims implants for spinal fusion surgery. Medtronic, Inc. — which settled with NuVasive and has withdrawn from the present appeals — filed two petitions for inter partes review with the Patent and Trademark Office, which the Patent Trial and...

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