Untitled case

Case Overview and Background: Moskowitz Family LLC v. NuVasive, LLC et al.

This patent infringement lawsuit, Civil Action No. 1:25-cv-00711, is currently in litigation in the U.S. District Court for the District of Delaware. The plaintiff is Moskowitz Family LLC, a patent-holding entity associated with the innovations of spinal surgeon and inventor Dr. Norman Moskowitz. Moskowitz Family LLC asserts a portfolio of patents generally directed to spinal implant and interbody fusion technologies. The defendants are NuVasive, LLC and NuVasive, Inc., a global medical technology company based in San Diego, California, specializing in the development, manufacturing, and sale of medical devices and procedural solutions for spine surgery, including spinal implants, surgical access instruments, and fixation systems. The accused products in this litigation are likely NuVasive's spinal implant devices, which are central to the defendant's core surgical offering.

While the case involves multiple patents—with some sources indicating a portfolio of ten patents central to the dispute—the prompt specifically identifies US Patent 9,005,293 as at issue. US Patent 9,005,293, titled "Apparatus, system, and method for forming an interbody implant," describes systems and methods related to spinal fusion implants and instruments. The procedural posture indicates active litigation, with a scheduling order issued by Judge William C. Bryson on October 20, 2025, outlining deadlines for infringement and invalidity contentions, and setting a pretrial conference for January 21, 2027. The District of Delaware is a prominent venue for patent litigation, largely due to a significant number of corporations being incorporated there and the court's established expertise in handling complex patent matters following the Supreme Court's TC Heartland decision.

This case is notable for several reasons, including the plaintiff's character as a patent-holding entity (often referred to as a Patent Assertion Entity or Non-Practicing Entity) strategically asserting patents in the significant medical device industry, specifically targeting spinal implant technology. Moskowitz Family LLC has been involved in other patent disputes against major medical device companies, such as Globus Medical and Medtronic, often asserting patents related to spinal surgery. Furthermore, there are parallel proceedings, as indicated by references to Inter Partes Review (IPR) challenges against Moskowitz Family LLC's patents at the Patent Trial and Appeal Board (PTAB), such as "Medtronic v. Moskowitz IPR2025-01598," highlighting ongoing validity disputes over their patent portfolio.

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

This patent infringement lawsuit, filed by Moskowitz Family LLC against NuVasive, Inc. and NuVasive, LLC, in the District of Delaware (Case No. 1:25-cv-00711), involves U.S. Patent No. 9,005,293, among others. The case is currently active and proceeding through scheduled litigation stages, with a trial date set for early 2027.

Chronological Developments:

• 2025-06-05: Complaint Filed. Moskowitz Family LLC filed its complaint for patent infringement against NuVasive, Inc. and NuVasive, LLC in the District of Delaware. The case involves multiple patents, including US Patent No. 9,005,293. Summons were issued on the same day (docketed 2025-06-06).
• 2025-10-17: PTAB IPR Petition Filed (IPR2025-01598). Medtronic, Inc. filed an Inter Partes Review (IPR) petition, IPR2025-01598, challenging U.S. Patent No. 9,005,293. Moskowitz Family LLC, as the Patent Owner, filed its mandatory notices with the PTAB, identifying the District of Delaware case (1:25-cv-00711) as a related litigation proceeding.
• 2025-10-20: Scheduling Order Issued. U.S. District Judge W. Corbert Bryant issued a comprehensive scheduling order (Document 17) in the Delaware case. Key deadlines established included:
  • Initial Disclosures (Rule 26(a)(1)): Within 5 days of the order.
  • Infringement Contentions (Plaintiff): List of up to 50 claims by 2025-11-14; full contentions by 2025-12-12.
  • Invalidity Contentions (Defendant): Due 45 days after the plaintiff's infringement contentions.
  • Claim Construction Meet and Confer: On or before 2026-04-02.
  • Discovery: Limited to 7 depositions per party.
  • Pretrial Conference: 2027-01-21.
  • Trial: A 5-day jury trial is scheduled to begin on 2027-02-08.

Parallel PTAB IPR Proceedings:

• IPR2025-01598 (Medtronic, Inc. v. Moskowitz Family LLC): This Inter Partes Review, challenging US Patent No. 9,005,293, was filed by Medtronic, Inc. on October 17, 2025. The PTAB will make an institution decision for this IPR approximately three months after the Patent Owner's preliminary response, or about six months from the petition filing date.

Current Posture:

The District of Delaware litigation (1:25-cv-00711) is active and proceeding according to the scheduling order. The parties have completed initial disclosures and contentions and are likely engaged in discovery and preparing for claim construction. The parallel IPR proceeding (IPR2025-01598) against Patent No. 9,005,293 is ongoing before the PTAB, with an institution decision pending.

Moskowitz Family LLC, the plaintiff in Moskowitz Family LLC v. NuVasive, LLC et al. (1:25-cv-00711) in the Delaware District Court, is represented by the following counsel:

• Eric A. Zelepugas

  • Role: Lead Counsel
  • Firm: Avantech Law, LLP, Minneapolis, MN
  • Experience Note: Eric Zelepugas specializes in post-grant proceedings before the USPTO, patent prosecution, and patent litigation in district court and the ITC, with a background in electrical engineering. He has served as lead counsel for companies at the ITC and has experience in district court patent infringement cases.

• Robert A. Conley

  • Role: Back-up Counsel
  • Firm: Avantech Law, LLP, Minneapolis, MN
  • Experience Note: As back-up counsel for patent owner Moskowitz Family LLC in related PTAB proceedings, Robert A. Conley is involved in patent litigation strategy.

It is common practice for out-of-state law firms to associate with local Delaware counsel for cases in the District of Delaware. However, the provided search results from publicly available information do not explicitly name local Delaware counsel for Moskowitz Family LLC in this specific case. Additional PACER access would be required to definitively identify any local counsel of record.

Defendants NuVasive, LLC and NuVasive, Inc. Counsel of Record Not Yet Publicly Identified for Case 1:25-cv-00711 in the District of Delaware

As of the current date, May 28, 2026, the specific counsel of record representing defendants NuVasive, LLC and NuVasive, Inc. in the patent infringement case Moskowitz Family LLC v. NuVasive, LLC et al., case number 1:25-cv-00711, in the Delaware District Court, has not been explicitly identified through available public web searches of court dockets or legal news.

While NuVasive, Inc. has engaged various law firms for other patent and intellectual property litigation in the past, including Proskauer, DLA Piper, Winston & Strawn, and Wilson Sonsini Goodrich & Rosati, and has in-house intellectual property counsel such as Joan Stafslien (Executive Vice President, General Counsel and Corporate Secretary) and Jennifer (Director of Legal Affairs, Intellectual Property Counsel), these sources do not specify the legal team currently representing NuVasive in this particular case.

Information regarding attorney appearances for this specific case is not readily available in the provided search snippets, which include references to the case filing, scheduling orders, and related PTAB proceedings, but do not detail the defendant's legal representation. Therefore, the names, roles, firms, office locations, and relevant experience for the counsel of record for the defendants in this case cannot be provided at this time.