NuVasive Noncompete Too Restrictive, Device Seller Says

Law360, New York (January 24, 2013, 2:44 PM EST) -- Medical device distributor Biosystems of New England Inc. urged a Massachusetts federal court Wednesday to throw out breach of contract claims concerning its hiring of a former NuVasive Inc. salesman, saying the employee's noncompete agreement with NuVasive was overly broad and anti-competitive.

Biosystems and Jeffrey B. Cole — a former NuVasive sales associate who resigned in October and jumped ship to Biosystems — filed a joint motion to dismiss a set of NuVasive counterclaims, which allege that Cole violated the noncompete and nonsolicitation terms of his...
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