Form 8-K

NUVASIVE, INC.

Date: March 5, 2012

/s/ Jason Hannon

Jason Hannon

Executive Vice President, General Counsel

0001193125-12-095417.txt : 20120305 0001193125-12-095417.hdr.sgml : 20120305 20120305061519 ACCESSION NUMBER: 0001193125-12-095417 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20120302 ITEM INFORMATION: Other Events FILED AS OF DATE: 20120305 DATE AS OF CHANGE: 20120305 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NUVASIVE INC CENTRAL INDEX KEY: 0001142596 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 330768598 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 12664661 BUSINESS ADDRESS: STREET 1: 7475 LUSK BLVD. CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: (858) 909-1800 MAIL ADDRESS: STREET 1: 7475 LUSK BLVD. CITY: SAN DIEGO STATE: CA ZIP: 92121 8-K 1 d309154d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 8-K

Current Report

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): March 2, 2012

NUVASIVE, INC.

(Exact name of registrant as specified in its charter)


Delaware	000-50744	33-0768598
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(I.R.S. Employer Identification Number)

7475 Lusk Boulevard, San Diego, California 92121

(Address of principal executive offices, with zip code)

(858) 909-1800

(Registrant’s telephone number, including area code)

n/a

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01 Other Events

On March 2, 2012, NuVasive, Inc. (“NuVasive”) received a final and appealable judgment from the U.S. District Court, Southern District of California in San Diego in Phase 1 of its litigation (Case No. 3:08-cv-01512-MMA-MDD) with Medtronic Sofamor Danek USA, Inc. pursuant to Federal Rule of Civil Procedure 54(b). This judgment means each of the parties can now begin the appeals process with respect to Phase 1. The District Court has not yet resolved the issues of whether (1) ongoing royalties for the post-verdict period are appropriate (and the proper royalty rate), (2) pre-judgment interest should be awarded and (3) NuVasive will be required to secure the judgment during the appeals process. NuVasive intends to promptly file its appeal.

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

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