NuVasive sued by analytics company; contract breach alleged

Carly Behm -  

Trilliant Health is suing NuVasive for $1 million over allegations that the spine devicemaker breached a five-year agreement.

Six things to know:

1. NuVasive was interested in Trilliant's surgical data analytics platform to find surgeons who may be interested in buying their spine products, according to a lawsuit filed June 6 in the Middle District of Tennessee court. On June 24, 2021, Trilliant and NuVasive signed a five-year agreement giving NuVasive access to Trilliant's surgical data analytics platform and a one-year exclusivity provision preventing Trilliant from offering certain NuVasive competitors access to the platform.

2. NuVasive agreed to pay $253,300 annually for five years as part of the agreement.

3. In December 2021, NuVasive asked if Trilliant could mutually agree to terminate the contract over concerns about the volume of Trilliant's data. Trilliant refused.

4. On Feb. 7,  NuVasive allegedly sent a notice of termination letter claiming Trilliant breached the contract. Trilliant responded in a letter 10 days later denying any breach and asked for pre-lawsuit mediation that was unsuccessful.

5. Trilliant's lawsuit argues that NuVasive has no legal right to terminate the agreement since Trilliant didn't breach their contract.

6. Trilliant is asking for $1 million in damages.

Note: NuVasive declined to comment.

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