NuVasive(R) Announces Release of $62.5 Million From Escrow

NuVasive(R) Announces Release of $62.5 Million From Escrow Following
Appeals Court Victory 
SAN DIEGO, CA -- (Marketwire) -- 12/13/12 --  NuVasive, Inc. (NASDAQ:
NUVA), a medical device company focused on developing minimally
disruptive surgical products and procedures for the spine, announced
today the release of $62.5 million from a restricted escrow account
in relation to NuVasive's trademark dispute regarding the
NeuroVision(R) trade name. 
In January 2011, an unfavorable judgment in the amount of $60 million
plus attorney fees and costs was entered against NuVasive relating to
its use of the NeuroVision trade name. NuVasive subsequently entered
into an escrow arrangement and transferred $62.5 million into a
restricted escrow account to secure the judgment. As previously
announced, the Ninth Circuit Court of Appeals recently ruled in
NuVasive's favor by reversing and vacating the judgment that had been
issued against it. In addition, the Court of Appeals reversed and
vacated the injunction and the award of attorney fees and costs that
had been entered against NuVasive.  
In reversing the judgment against NuVasive, the Ninth Circuit Court
of Appeals remanded the case for a new trial and instructed the court
to assign a different judge. The plaintiff has not appealed the Court
of Appeals' ruling and NuVasive has now secured the release of the
$62.5 million from the restricted escrow account.  
About NuVasive 
NuVasive is a medical device company focused on developing minimally
disruptive surgical products and procedurally integrated solutions
for the spine. The Company is the 4th largest player in the $7.9
billion global spine market. NuVasive's principal product offering is
based on its Maximum Access Surgery, or MAS(R) platform. The MAS
platform combines several categories of solutions that collectively
minimize soft tissue disruption during spine surgery with maximum
visualization and safe, easy reproducibility for the surgeon: a
proprietary software-driven nerve avoidance system and
intra-operative monitoring support; MaXcess(R), a unique split-blade
retractor system; a wide variety of specialized implants; and several
biologic fusion enhancers. MAS significantly reduces surgery time and
returns patients to activities of daily living much faster than
conventional approaches. Having redefined spine surgery with the MAS
platform's lateral approach, known as eXtreme Lateral Interbody
Fusion, or XLIF(R), NuVasive has built an entire spine franchise.
With over 75 products today spanning lumbar, thoracic and cervical
applications, the Company will continue to expand and evolve its
offering predicated on its R&D focus and dedication to outstanding
service levels supported by a culture of Absolute Responsiveness(R).  
NuVasive cautions you that statements included in this press release
that are not a description of historical facts are forward-looking
statements that involve risks, uncertainties, assumptions and other
factors which, if they do not materialize or prove correct, could
cause NuVasive's results to differ materially from historical results
or those expressed or implied by such forward-looking statements. The
potential risks and uncertainties that could cause actual growth and
results to differ materially include, but are not limited to: the
risk that NuVasive's revenue or earnings projections may turn out to
be inaccurate because of the preliminary nature of the forecasts and
the risk of further adjustment, or unanticipated difficulty in
selling products or generating expected profitability; the uncertain
process of seeking regulatory approval or clearance for NuVasive's
products or devices, including risks that such process could be
significantly delayed; the possibility that the FDA may require
significant changes to NuVasive's products or clinical studies; the
risk that products may not perform as intended and may therefore not
achieve commercial success; the risk that competitors may develop
superior products or may have a greater market position enabling more
successful commercialization; the risk that additional clinical data
may call into question the benefits of NuVasive's products to
patients, hospitals and surgeons; and other risks and uncertainties
more fully described in NuVasive's press releases and periodic
filings with the Securities and Exchange Commission. NuVasive's
public filings with the Securities and Exchange Commission are
available at www.sec.gov. NuVasive assumes no obligation to update
any forward-looking statement to reflect events or circumstances
arising after the date on which it was made. 
Contact:
Michael J. Lambert
EVP & Chief Financial Officer
NuVasive, Inc.
858.909.3394
investorrelations@nuvasive.com 
Investors:
Stephan Ogilvie 
VP, Corporate Development & Investor Relations 
NuVasive, Inc.
201-322-6515
investorrelations@nuvasive.com 
Media:
Nicholas S. Laudico
The Ruth Group
646-536-7030
nlaudico@theruthgroup.com 
 
 
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