Alphatec Spine Inc. can argue
Judge Cathy Ann Bencivengo in the U.S. District Court for the Southern District of California denied NuVasive’s attempt to strike the argument by Alphatec. The judge said inter partes review estoppel doesn’t apply to Alphatec’s on-sale bar challenge.
IPR estoppel blocks challengers from raising in district court any ground that was raised, or reasonably could have been raised, at the board.
NuVasive sued Alphatec in 2018, ...