Medtronic, Inc. Files a Petition for Inter Partes Review against Nuvasive, Inc.’s Design Patent for a Surgical Dilator

October 24th, 2013

On October 16, 2013, Medtronic, Inc. filed a petition for inter partes review of U.S. Design Patent D652, 922 for a dilator used in surgery. The patent is assigned to Nuvasive, Inc. The petition outlines eight major grounds for the unpatentability of the patent’s claim based on both anticipation and obviousness.

Medtronic is a defendant in an ongoing patent litigation with Nuvasive (case number No. 3:12-cv-02738-CAB-MDD) . Although not part of the original suit, this design patent is part of a counterclaim filed by Medtronic on March 7, 2013.

The IPR petition represents the sixth filed against a design patent since the proceeding became available last September, and is noteworthy as it is the first to challenge a medical device design patent.

For more information, please contact Sterne Kessler Directors Tracy Durkin ( or Mark Rygiel (