minSURG / TruFuse / Orthopedic Development Corporation

Litigation Files and Court Dockets (See Below for Actual Dockets)

MinSurg, ODC, NuFix and Nutech Announce Settlement of Pending Litigation

minSURG Corporation, along with its parent company, Orthopedic Development Corporation ("ODC"), and NuFix, Inc. ("NuFix"), along with its affiliate Nutech Medical, Inc. ("Nutech") are pleased to announce the settlement of the lawsuits styled Orthopedic Development Corporation and MinSurg Corporation vs. Nutech Medical, Inc., NuFix, Inc., Kenneth Horton and Todd Gilbert, Case No. 8:08-cv-00262-T-30TGW, Orthopedic Development Corporation vs. NuFix, Inc. and Nutech Medical, Inc., Case No. 8:08-cv-02064-T-30-MAP, currently pending in the United States District Court for the Middle District of Florida, Tampa Division. The cases were filed by ODC and MinSURG against NuFix, Nutech and their principals, and involve various claims, including ODC's claims of infringement of ODC's United States Design Patent No. D574,495, which protects the design of ODC's surgical Drill Guide that is used in minSURG's TruFUSE(R) Minimally Invasive Facet Fusion Procedures and Systems. Nutech and NuFix denied all wrongdoing and alleged various counterclaims against ODC, MinSURG and one of their principals. The settlement calls for the dismissal of all claims, including ODC's infringement claims and Nutech's counterclaims. Pursuant to an agreed injunction order, NuFix has discontinued sales of its current drill guide design and has agreed to pull its current drill guide design from the marketplace. Nutech and NuFix have also agreed to pay ODC an undisclosed amount in order to resolve the parties' dispute. The remaining terms of the settlement are confidential.

Lanham Act Unfair Competition And False Advertising Lawsuit Filed by Orthopedic Development and MinSurg Against Viking Craft Spine In Santa Ana, CA, With Patent Infringement Lawsuit Lurking

Litigation commenced in Central District Court of California, Santa Ana Division, alleging unfair competition under the Lanham Act 43(a), 15 U.S.C 1125. Plaintiffs, Orthopedic Development and MinSURG Corp., are the owners of a patent-pending TruFUSE® medical device product which is a spinal facet fusion system invented by Dr. David A. Petersen, M.D., “that offers a low-risk and minimally invasive surgical solution to back pain resulting from facet joint degeneration and from mild spinal instability.” The complaint alleges that the TruFUSE® surgery can be completed in less than an hour and the patient usually needs one night of hospital stay. Although the invention is patent-pending and cannot be currently asserted in a patent infringement lawsuit, Orthopedic Development currently owns a registered trademark with the USPTO for the TruFUSE® trademark. The Plaintiffs discovered that one of their own distributors, Nutech Medical, Inc., was allegedly developing and marketing a “TruFUSE® knock-off” facet fusion product. The complaint alleges that Plaintiffs discovered that the infringing product was going to be marketed under a confusingly similar name of “NUFUZE” and that the product incorporates Plaintiffs’ proprietary information and trade secrets, which were provided under the Plaintiffs’ distribution agreement with NuTech. Upon learning of NuTech’s application to the USPTO to register the NUFUZE trademark, Plaintiffs filed an opposition to the application before the Trademark Trial And Appeal Board (“TTAB”). NuTech filed an answer in the TTAB proceeding and abandoned its NUFUZE and BIOFUZE trademarks, and allegedly began marketing the product under the “NuFix” trademark. The case is titled Orthopedic Development Corp. v. Vikingcraft Spine, SACV08-01888 (C.D. California) The complaint alleges that numerous surgeons that use Plaintiffs’ TruFUSE® product began receiving solicitations from NuTech and its distributor, Vikingcraft, offering the NuFix product at a reduced price. Plaintiff filed suit against NuTech and other defendants in Florida and sent notice to Vikingcraft, putting it on notice of the patent application and the Plaintiffs’ unfair competition and false advertising claims. Plaintiff claims that Defendant falsely asserts “that (a) the TruFUSE® Allograft has a tendency to pop out after it is implanted and that the ridge design of NuFix reduces this occurrence; and that (b) NuFix is designed to be used with TruFUSE® Instruments held on consignment by hospitals.” Plaintiff asserts that Defendant’s statements to customers causes confusion and asserts a cause of action under the Lanham Act unfair competition – false designation of origin (15 U.S.C. §1125(a)(1)(A)). Also, Plaintiff asserts a cause of action for false advertising under the Lanham Act (15 U.S.C. §1125(a)(1)(B)). Plaintiffs also include causes of action for common law unfair competition and for violation of California Business and Professions Code § 17200. In addition to preliminary and permanent injunctive relief, Plaintiffs seek monetary and punitive damages. PRACTICE NOTE: Although a patent-pending application cannot be asserted in a patent infringement action, damages – in the form of a reasonable royalty – may be obtained against a potential infringer by putting the infringer on notice of a published patent application.

Minsurg International, Inc. v. Nuvasive, Inc. et al

Filed: July 19, 2010 as 8:2010cv01589 Updated: July 22, 2010 02:39:13

Plaintiff: Minsurg International, Inc.

Defendants: Bacterin International, Inc., Danny Wayne Grayson, Does 1 through 35, Facet Fusion Technologies, LLC, Frontier Devices, Inc. and others

For Dockets Click HERE

Orthopedic Development Corporation et al

Filed: February 19, 2008 as 2:2008cv00008 Updated: February 19, 2008 18:17:08

Plaintiffs: Bacterin International, Minsurg Corporation and Orthopedic Development Corporation

For Dockets Click HERE

Orthopedic Development Corporation et al v. Mati Medical LLC

Filed: February 19, 2008 as 1:2008cv00413 Updated: February 19, 2008 19:38:01

Plaintiffs: Minsurg Corporation and Orthopedic Development Corporation

Defendant: Mati Medical LLC

For Dockets Click HERE

Orthopedic Development Corporation et al v. Silver Surgical Supply

Filed: February 19, 2008 as 4:2008cv10696 Updated: March 10, 2008 21:47:36

Plaintiffs: Minsurg Corporation and Orthopedic Development Corporation

Defendant: Silver Surgical Supply

For Dockets Click HERE

Orthopedic Development Corporation et al v. DCI Organ Services, Inc.

Filed: February 19, 2008 as 3:2008cv00167 Updated: February 20, 2008 20:30:58

Plaintiffs: Minsurg Corporation and Orthopedic Development Corporation

Defendant: DCI Organ Services, Inc.

For Dockets Click HERE

Orthopedic Development Corporation et al v. Vikingcraft Spine

Filed: February 19, 2008 as 8:2008cv00188 Updated: March 10, 2008 21:47:34

Plaintiffs: Minsurg Corporation and Orthopedic Development Corporation

Defendant: Vikingcraft Spine

For Dockets Click HERE

GRAYSON v. minSURG CORPORATION et al

Filed: May 8, 2007 as 1:2007cv00363 Updated: May 8, 2007 08:00:19

Plaintiff: DANNY WAYNE GRAYSON

Defendants: JAMES DOULGERIS, minSURG CORPORATION and ORTHOPEDIC DEVELOPMENT CORPORATION

For Dockets Click HERE

Facet Fusion Studies

Facet Fusion