Untitled case

Moskowitz Family LLC v. NuVasive, LLC et al. (1:25-cv-00711) is a patent infringement lawsuit filed in the District of Delaware, focusing on spinal implant and surgical instrumentation technologies. The plaintiff, Moskowitz Family LLC, is identified as a patent-holding entity associated with spinal surgeon and inventor Dr. Norman Moskowitz or Randall Moskowitz, M.D., indicating it operates as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE). The defendants, NuVasive, LLC and NuVasive, Inc., are a global medical technology company based in San Diego, California, specializing in the development, manufacturing, and sale of medical devices and procedural solutions for minimally invasive spine surgery, including spinal implants, surgical access instruments, and fixation systems.

The lawsuit, filed on June 6, 2025, in the U.S. District Court for the District of Delaware under Judge Gregory B. Williams, alleges infringement related to NuVasive's spinal surgery products. The specific patent at issue, as provided in the case metadata, is 10016284. While a detailed technical sketch for US Patent 10016284 was not found in the available search results, related docket information for this case number (1:25-cv-00711) in a PTAB document indicates that U.S. Patent No. 9,005,293 ("the '293 Patent") is also involved in the litigation. The '293 Patent generally relates to systems and methods for performing spine surgery, and it is part of a patent family concerning implants and methods for accessing and operating on the lumbosacral spine. Delaware is a common venue for patent infringement cases due to its established patent law and perceived efficiency.

This case is notable within the competitive spinal implant market, as the plaintiff, Moskowitz Family LLC, has a history of asserting its patent portfolio against major medical device companies. For instance, Moskowitz Family LLC previously litigated against Globus Medical, resulting in a jury verdict of non-infringement in the Eastern District of Pennsylvania for several spinal implant patents. Furthermore, the Moskowitz Family LLC's patents have been the subject of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB), where some challenges by Globus Medical were denied. There is also a pending IPR (IPR2025-01598) initiated by Medtronic, Inc. challenging US Patent No. 9,005,293, which directly lists this Delaware litigation as a related matter. This indicates a strategic pattern of patent assertion by Moskowitz Family LLC against key players in the spine surgery industry and highlights the interplay between district court litigation and PTAB challenges in this sector.

Key Legal Developments and Outcome for Moskowitz Family LLC v. NuVasive, LLC et al. (1:25-cv-00711)

The patent infringement litigation Moskowitz Family LLC v. NuVasive, LLC et al. (Case No. 1:25-cv-00711) was filed in the District of Delaware on June 5, 2025. This case is currently active and is in its early stages.

Patents at Issue:
The lawsuit asserts infringement of ten U.S. patents. While the prompt specifically requested information on U.S. Patent No. 10,016,284, the complaint also lists U.S. Patent Nos. 7,972,363; 9,005,293; 9,301,854; 9,924,940; 10,426,633; 10,925,753; 11,376,136; 11,771,567; and 12,144,743.

Filing & Initial Pleadings:

• Complaint Filed: Moskowitz Family LLC initiated the lawsuit on June 5, 2025, in the District of Delaware.
• Summons Issued: Summonses were issued to NuVasive, Inc. and NuVasive, LLC on June 6, 2025.
• Disclosure Statement: Moskowitz Family LLC filed a Disclosure Statement pursuant to Rule 7.1 on June 5, 2025.
• Report to Commissioner: A Report to the Commissioner of Patents and Trademarks for all ten asserted patents was filed on June 5, 2025.

Subsequent Developments:
As of May 29, 2026, the case is noted as "Open litigation for patent infringement claims." Given the filing date, the case is still in its relatively early procedural phases. Publicly available information beyond the initial filings, such as the defendant's answer, counterclaims, specific pre-trial motions (e.g., motions to dismiss, transfer, or stay), claim construction (Markman) schedules or rulings, or discovery milestones, is not yet widely reported or readily accessible through general web searches. It is unlikely that the case has reached trial, verdict, or appeal.

Parallel PTAB IPR/PGR Proceedings:
A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings specifically concerning U.S. Patent No. 10,016,284 (by NuVasive or any other petitioner) did not yield any direct results in the context of this litigation. Previous PTAB actions and Federal Circuit appeals involving NuVasive or Moskowitz Family LLC, such as In re: NuVasive, Inc. (IPR2013-00506) concerning U.S. Patent No. 8,361,156, or IPRs filed by Globus Medical against other Moskowitz Family LLC patents, relate to different patents and are not directly associated with the current case or U.S. Patent No. 10,016,284.

Here's an identification of the counsel of record representing the plaintiff(s), Moskowitz Family LLC, in Moskowitz Family LLC v. NuVasive, LLC et al. (1:25-cv-00711) in the Delaware District Court.

The plaintiff is represented by:

• Eric A. Zelepugas

  • Role: Lead Counsel
  • Firm: AVANTECH LAW, LLP
  • Office Location: Minneapolis, MN (80 S 8th St, Suite 900, Minneapolis, MN 55402)
  • Experience Note: Named as lead counsel for Moskowitz Family LLC in related patent litigation and Inter Partes Review (IPR) proceedings concerning spinal surgery patents.

• Robert A. Conley

  • Role: Back-up Counsel
  • Firm: AVANTECH LAW, LLP
  • Office Location: Minneapolis, MN (80 S 8th St, Suite 900, Minneapolis, MN 55402)
  • Experience Note: Identified as back-up counsel for Moskowitz Family LLC in related patent litigation and IPR proceedings.

While Eric A. Zelepugas and Robert A. Conley are explicitly listed as counsel for Moskowitz Family LLC in an IPR proceeding related to the 1:25-cv-00711 case, specific Delaware local counsel has not been identified in the provided search results. In patent infringement cases filed in the District of Delaware by out-of-state firms, it is standard practice to associate with local counsel. Without direct access to the court's docket for 1:25-cv-00711, the names of any local counsel who have entered an appearance cannot be determined at this time.

Here's an identification of the counsel of record representing the defendant(s) in Moskowitz Family LLC v. NuVasive, LLC et al. (1:25-cv-00711) in the Delaware District Court:

The defendants in this case are NuVasive, LLC and NuVasive, Inc.. While a scheduling order from October 20, 2025, confirms that counsel has appeared and the case is active, the provided search results do not explicitly list the names of the attorneys representing NuVasive or their specific roles, firms, and relevant patent litigation experience.

Therefore, at this time, the specific counsel of record for the defendant(s) cannot be fully identified with the requested details based on the current search results. Further access to the case docket (e.g., through PACER directly) would be necessary to identify the attorneys who have entered an appearance for NuVasive, LLC and NuVasive, Inc.