Spine Holdings, LLC v. Orthofix Medical, Inc.
Infringement action filed 31 Jan 2020 in the United States District Court for the Eastern District of Texas and closed 21 Nov 2023, with 2 patents asserted. Recorded basis of termination: dismissed with prejudice.
Case record
- Patents involved
- US9649203B2US9216096B2
- Case no.
- 4:20-cv-00077
- Verdict cause
- Infringement action
- Court
- E.D. Tex.
- Court level
- District Court
- Case region
- Texas
- Chief judge
- Sean D. Jordan
- Trial level
- First instance
- Filed – Closed
- 31 Jan 2020 – 21 Nov 2023
- Duration
- 1390 days
- Basis of termination
- Dismissed with Prejudice
- Products & marks
- FORZA® XP Expandable Spacer System · Musculoskeletal medical devices · Spinal fusion medical device
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Methods of post-filling an intervertebral implant
According to some embodiments, a method for promoting spinal fusion using a spinal implant comprises providing a spinal implant, wherein the spinal implant comprises an anterior wall, a posterior wall and two lateral walls configured to extend between the anterior wall and the posterior wall. In some embodiments, the spinal implant further comprises at least one internal chamber generally positioned between the anterior wall, the posterior wall and the two lateral walls, wherein the internal chamber being is adapted to receive at least one graft and/or other fill material. In some embodiments, at least a portion of the graft and/or other fill material delivered into the internal chamber is configured to exit through the one or more of the openings of the anterior wall.
- Legal status
- Inactive
- Granted
- 16 May 2017
- Earliest priority
- 16 Mar 2010
- Est. expiry
- 16 Mar 2031
- Validity challenges
- 2 on recordIPR2020-01411 · Patentability · filed by Spine Holdings, LLCIPR2020-01411 · filed by Orthofix Medical Inc.
- Licences recorded
- None recorded
- Inventors
- LYNN, JIM R. · NELSON, RUSSELL W.
- Classification
- A61F2/44A61F2/46A61F2/30A61F2/28
- Prosecution counsel
- Knobbe, Martens, Olson & Bear, LLP
- Examiner
- HAMMOND, ELLEN C
Intervertebral implants and related tools
According to some embodiments, a method for promoting spinal fusion using a spinal implant comprises providing a spinal implant, wherein the spinal implant comprises an anterior wall, a posterior wall and two lateral walls configured to extend between the anterior wall and the posterior wall. In some embodiments, the spinal implant further comprises at least one internal chamber generally positioned between the anterior wall, the posterior wall and the two lateral walls, wherein the internal chamber being is adapted to receive at least one graft and/or other fill material. In some embodiments, at least a portion of the graft and/or other fill material delivered into the internal chamber is configured to exit through the one or more of the openings of the anterior wall.
- Legal status
- Active
- Granted
- 22 Dec 2015
- Earliest priority
- 16 Mar 2010
- Est. expiry
- 16 Mar 2031
- Validity challenges
- 2 on recordIPR2020-01412 · Patentability · filed by Spine Holdings, LLCIPR2020-01412 · Other · filed by Orthofix Medical Inc.
- Licences recorded
- None recorded
- Inventors
- LYNN, JIM R. · NELSON, RUSSELL W.
- Classification
- A61F2/44A61F2/46A61F2/28A61F2/30
- Prosecution counsel
- Knobbe, Martens, Olson & Bear, LLP
- Examiner
- HAMMOND, ELLEN C
Parties of record
Spine Holdings, LLC
- Core tech
- A61F2/44A61F2/46A61F2/30A61F2/28
- Counsel
- David W. Carstens · James Andrew Reed
- Firm
- Carstens & Cahoon LLP, Carstens, Allen & Gourley, LLP
Orthofix Medical, Inc.
- Core tech
- Not recorded
- Counsel
- Caroline Wray Fox · John Russell Emerson
- Firm
- Haynes & Boone, LLP
Counsel of record
| Attorney | For | Role |
|---|---|---|
| David W. Carstens | Spine Holdings, LLC | Plaintiff |
| James Andrew Reed | Spine Holdings, LLC | Plaintiff |
| Caroline Wray Fox | Orthofix Medical, Inc. | Defendant |
| John Russell Emerson | Orthofix Medical, Inc. | Defendant |
Basis of termination
From the record · verbatim“JOINT STIPULATION OF DISMISSAL Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, which states that a plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared, Plaintiff Spine Holdings, LLC and Defendant Orthofix Medical Inc., by and through their respective attorneys, hereby stipulate that Plaintiff’s Complaint (Dkt. No. 1) be dismissed with prejudice. Each party is responsible for its own costs, expenses, and attorneys’ fees with respect to this case.”
Case 4:20-cv-00077 · E.D. Tex. · closed 21 November 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 4:20-cv-00077?
4:20-cv-00077 is a patent infringement action brought by Spine Holdings, LLC against Orthofix Medical, Inc., filed on 31 Jan 2020 in the United States District Court for the Eastern District of Texas. The case closed on 21 November 2023.
Which patents were asserted in 4:20-cv-00077?
US9649203B2 (“Methods of post-filling an intervertebral implant”), assigned to SPINE HOLDINGS, LLC, currently inactive; US9216096B2 (“Intervertebral implants and related tools”), assigned to SPINE HOLDINGS, LLC, currently active. The record also lists FORZA® XP Expandable Spacer System, Musculoskeletal medical devices and Spinal fusion medical device.
How was case 4:20-cv-00077 terminated?
The recorded basis of termination is dismissed with prejudice. The termination text reads: “JOINT STIPULATION OF DISMISSAL Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, which states that a plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared, Plaintiff Spine Holdings, LLC and Defendant Orthofix Medical Inc., by and through their respective attorneys, hereby stipulate that Plaintiff’s Complaint (Dkt. No. 1) be dismissed with prejudice. Each party is responsible for its own costs, expenses, and attorneys’ fees with respect to this case.”
What does dismissal with prejudice mean?
A dismissal with prejudice permanently ends the claims that were filed, so the same claims cannot be brought again against that defendant. It is the usual form when the parties have settled.
How long did case 4:20-cv-00077 take?
1390 calendar days, from filing on 31 Jan 2020 to closure on 21 November 2023.
Who were the attorneys and the judge in 4:20-cv-00077?
Chief Judge Sean D. Jordan presided. David W. Carstens and James Andrew Reed are recorded as counsel for plaintiff Spine. Caroline Wray Fox and John Russell Emerson appear for defendant Orthofix Medical.
Disclaimer. This page reproduces publicly available court docket data for case 4:20-cv-00077 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
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