Nuvasive (NUVA) 8-K Nuvasive Reports First Quarter 2011 Financial Results

Exhibit 99.1

PRESS RELEASE

Contact:	Investors:
Michael J. Lambert	Patrick F. Williams
EVP & Chief Financial Officer	Vice President, Industry & Investor Relations
NuVasive, Inc.	NuVasive, Inc.
858-909-3394	858-638-5511
investorrelations@nuvasive.com	investorrelations@nuvasive.com
	Media:
	Jason Rando
	The Ruth Group
	646-536-7025
	jrando@theruthgroup.com

NUVASIVE REPORTS FIRST QUARTER 2011
FINANCIAL RESULTS

• Total revenue of $124.5 million, up 14.1% over first quarter 2010

• GAAP earnings of $2.4 million, or $0.06 per share, includes the benefit of a change in accounting estimate of $0.02 per share

• Non-GAAP earnings of $9.5 million, or $0.24 per share, includes the benefit of a change in accounting estimate of $0.02 per share

• Non-GAAP operating margin of 13.3% and GAAP operating margin of 3.7%, both include the benefit of a change in accounting estimate of 1.4%

• Operating cash flow of $14.5 million

SAN DIEGO, May 4, 2011 -NuVasive, Inc. (Nasdaq: NUVA) a medical device company focused on developing minimally disruptive surgical products and procedures for the spine, announced today financial results for the quarter ended March 31, 2011.

NuVasive reported first quarter 2011 revenue of $124.5 million, a 14.1% increase over the $109.1 million for the first quarter 2010 and a 3.7% decrease compared to $129.3 million for the fourth quarter 2010. The sequential deceleration was driven in part by the recognition of approximately $4.0 million in seasonal capital purchases and for back royalties related to a settlement in the fourth quarter 2010.

The financial results announced today reflect a change in accounting estimate for the useful life of certain loaned instrument sets placed into service prior to January 1, 2011. After a thorough review of its available history, the Company concluded that a four year useful life estimate is a more accurate assessment of the economic life of these fixed assets. Under existing accounting literature, this type of change is only adjusted prospectively in the financial statements.

Gross profit for the first quarter 2011 was $100.9 million and gross margin was 81.1%, compared to a gross profit of $89.6 million and a gross margin of 82.2% for the first quarter 2010. For the fourth quarter 2010, gross profit was $106.2 million and gross margin was 82.1%.

Total operating expenses for the first quarter 2011 were $96.3 million compared to $86.7 million in the first quarter 2010 and $94.9 million in the fourth quarter 2010. The higher operating expenses in the first quarter 2011 resulted primarily from additional costs associated with higher revenue and infrastructure expansion.

On a GAAP basis, the Company reported net income of $2.4 million, or $0.06 per share, for the first quarter 2011.

On a Non-GAAP basis, the Company reported net income of $9.5 million, or $0.24 per share, for the first quarter 2011. The Non-GAAP earnings per share calculations for the first quarter exclude (i) non-cash stock-based compensation of $7.9 million; (ii) certain intellectual property litigation expenses of $2.1 million; (iii) amortization of intangible assets of $1.3 million; and (iv) acquisition related items of $571 thousand.

Cash, cash equivalents and short and long-term marketable securities were $225.8 million at March 31, 2011.

Alex Lukianov, Chairman and Chief Executive Officer, said, “Our financial performance in the first quarter of 2011 was excellent across all our key sectors. We generated revenue growth of over 14% and better than expected operating margin improvement, in view of challenging spine market growth dynamics. Our performance internationally was a highlight, and is well on track to double this year to approximately 8% of revenue. We are pleased to be able to raise revenue guidance today in light of a marginally improved outlook for our U.S. lumbar business this year. As our focus shifts toward the achievement of our next milestone, the evolution of NuVasive into a $1 billion revenue company, we are laser focused on maintaining the startup mentality that is the very source of NuVasive’s success as a prolific new product innovator. With speed as our competitive edge, we expect to continue to sustain industry leading growth.”

2011 Full Year Financial Guidance

• Revenue of $530 million to $540 million; up from previous guidance of $525 million to $535 million

• GAAP EPS of $0.52 to $0.55; up from previous guidance of $0.39 to $0.42

• Non-GAAP EPS of $1.20 to $1.23; up from previous guidance of $1.07 to $1.10

• Non-GAAP Operating Margin of ~17.5%, up from previous guidance of ~16.5%

• GAAP effective tax rate of ~45%, down from previous guidance of ~49%

2011 Non-GAAP Earnings Per Share Full Year Guidance Bridge

					Change in		GAAP
	Prior		Revenue		Accounting		Tax Rate		Revised
	Guidance		Increase		Estimate		Decrease		Guidance
Low Range	$	1.07	$	0.01	$	0.08	$	0.04	$	1.20
High Range	$	1.10	$	0.01	$	0.08	$	0.04	$	1.23

Reconciliation of Full Year EPS Guidance

	2010		2011				2011
	Pre Tax		Pre Tax				Net of Tax*
	Actual		Low Range		High Range		Low Range		High Range
GAAP earnings per share**	$	0.64	$	0.94	$	1.00	$	0.52	$	0.55
Non-cash stock-based compensation		0.70		0.79		0.79		0.47		0.47
Certain intellectual property litigation expenses		0.13		0.13		0.13		0.08		0.08
Amortization of intangible assets		0.13		0.18		0.18		0.11		0.11
Acquisition related items		0.07		0.04		0.04		0.02		0.02
Non-GAAP earnings per share	$	1.68	$	2.07	$	2.13	$	1.20	$	1.23
Weighted shares outstanding - Diluted***		40,373		42,000		42,000		42,000		42,000

* Effective Tax Rate of ~45% applied to GAAP earnings and ~40% applied to Non-GAAP adjustments

** GAAP earnings per share calculated based on consolidated net income

*** 2010 weighted shares outstanding shown as pre “if-converted” method

2011 Guidance Reconciliation of Non-GAAP Operating Margin %

			FY 11
	FY 10		Estimate
	Actual		Prior		Revised
Gross Margin %[A]		82.2%		~ 81%		~ 81%
Non-GAAP Research and Development[B]		8.0%		~ 8%		~ 8%
Non-cash stock-based compensation		0.7%		~ 1%		~ 1%
Acquisition related items*		0.4%	as incurred		as incurred
GAAP research and development		9.1%		~ 9%		~ 9%
Non-GAAP Sales, Marketing and Administrative[C]		58.8%		~ 56.5%		~ 55.5%
Non-cash stock-based compensation		5.2%		~ 5%		~ 5%
Certain intellectual property litigation expenses		1.1%		~ 1%		~ 1%
Acquisition related items*		0.2%	~ 0.5% & as incurred		~ 0.5% & as incurred
GAAP sales, marketing and administrative		65.3%		~ 63%		~ 62%
Amortization of intangible assets		1.1%		~ 1.5%		~ 1.5%
Non-GAAP Operating Margin %[A-B-C]		15.4%		~ 16.5%		~ 17.5%

* Acquisition related items include ~0.5% of revenue for expenses associated with prior M&A activity and as incurred

Reconciliation of Non-GAAP Information
Management uses certain Non-GAAP financial measures such as Non-GAAP earnings per share, which exclude non-cash stock-based compensation, certain intellectual property litigation expenses, amortization of intangible assets, and acquisition related items. Management does not consider these costs in evaluating the continuing operations of the Company. Therefore, management calculates the Non-GAAP financial measures provided in this earnings release excluding these costs and uses these Non-GAAP financial measures to enable it to analyze further, and more consistently, the period-to-period financial performance of its core business operations. Management believes that providing investors with these Non-GAAP measures gives them additional important information to enable them to assess, in the same way management assesses, the Company’s current and future continuing operations. These Non-GAAP measures are not in accordance with, or an alternative for, GAAP, and may be different from Non-GAAP measures used by other companies. Set forth below are reconciliations of the Non-GAAP financial measures to the comparable GAAP financial measure.

Reconciliation of First Quarter 2011 Results

	Pre-Tax				Earnings
(in thousands, except per share data)	adjustments		Net of Tax		Per Share
GAAP net income			$	2,359	$	0.06
Non-cash stock-based compensation	$	7,946		4,768		0.12
Certain intellectual property litigation expenses		2,081		1,249		0.03
Amortization of intangible assets		1,342		805		0.02
Acquisition related items		571		343		0.01
Non-GAAP earnings			$	9,524	$	0.24
Weighted shares outstanding - Diluted						40,511

Conference Call
NuVasive will hold a conference call today at 5:30 p.m. ET / 2:30 p.m. PT to discuss the results. The dial-in numbers are 1-877-407-9039 for domestic callers and 1-201-689-8470 for international callers. A live webcast of the conference call will be available online from the investor relations page of the Company’s corporate website at www.nuvasive.com.

After the live webcast, the call will remain available on NuVasive’s website, www.nuvasive.com, through June 3, 2011. In addition, a telephonic replay of the call will be available until May 18, 2011. The replay dial-in numbers are 1-877-870-5176 for domestic callers and 1-858-384-5517 for international callers. Please use pin number 369959.

About NuVasive
NuVasive is a medical device company focused on developing minimally disruptive surgical products and procedures for the spine. The Company is the 5^th largest player in the $7.7 billion global spine market.

NuVasive’s principal product offering is based on its Maximum Access Surgery, or MAS^® platform. The MAS platform combines four categories of products 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; MaXcess^®, 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^®, NuVasive has built an entire spine franchise. With over 65 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^®.

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.

###

NuVasive, Inc.
Unaudited Condensed Consolidated Statement of Operations
(in thousands, except per share data)

	Three Months Ended March 31,
	2011			2010
Revenue	$	124,466		$	109,087
Cost of goods sold (excluding amortization of purchased technology)		23,526			19,443
Gross profit		100,940			89,644
Operating expenses:
Sales, marketing and administrative		84,220			74,661
Research and development		10,769			10,699
Amortization of intangible assets		1,342			1,350
Total operating expenses		96,331			86,710
Interest and other expense, net:
Interest income		183			189
Interest expense		(1,771	)		(1,669	)
Other income, net		497			117
Total interest and other expense, net		(1,091	)		(1,363	)
Income before income taxes		3,518			1,571
Income tax expense		1,540			865
Consolidated net income	$	1,978		$	706
Net loss attributable to noncontrolling interests	$	(381	)	$	(382	)
Net income attributable to NuVasive, Inc.	$	2,359		$	1,088
Net income per share attributable to NuVasive, Inc.:
Basic and diluted	$	0.06		$	0.03
Weighted average shares outstanding:
Basic		39,616			38,898
Diluted		40,511			40,061
Stock-based compensation is included in operating expenses in the following categories:
Sales, marketing and administrative	$	7,335		$	5,680
Research and development		611			754
	$	7,946		$	6,434

NuVasive, Inc.
Unaudited Condensed Consolidated Balance Sheets
(in thousands)

	March 31, 2011			December 31, 2010
	(Unaudited)
ASSETS
Current assets:
Cash and cash equivalents	$	134,101		$	92,597
Short-term marketable securities		58,876			86,458
Accounts receivable, net		75,952			76,632
Inventory		114,388			107,577
Deferred tax assets		4,425			4,425
Prepaid expenses and other current assets		4,750			4,082
Total current assets		392,492			371,771
Property and equipment, net		105,066			102,165
Long-term marketable securities		32,814			50,635
Intangible assets, net		105,817			107,121
Goodwill		103,070			103,070
Deferred tax assets, non-current		52,033			52,033
Other assets		15,438			15,234
Total assets	$	806,730		$	802,029
LIABILITIES AND STOCKHOLDERS’ EQUITY
Current liabilities:
Accounts payable and accrued liabilities	$	54,899		$	58,995
Accrued payroll and related expenses		14,643			17,266
Acquisition-related liabilities		33,155			32,715
Total current liabilities		102,697			108,976
Senior convertible notes		230,000			230,000
Long-term acquisition-related liabilities		339			326
Deferred tax liabilities		3,685			3,685
Other long-term liabilities		12,729			12,810
Commitments and contingencies
Noncontrolling interests		11,496			11,877
Stockholders’ equity:
Common stock		40			40
Additional paid-in capital		553,484			545,114
Accumulated other comprehensive income		1,316			616
Accumulated deficit		(109,056	)		(111,415	)
Total stockholders’ equity		445,784			434,355
Total liabilities and stockholders’ equity	$	806,730		$	802,029

NuVasive, Inc.
Unaudited Condensed Consolidated Statements of Cash Flows
(in thousands)

	Three Months Ended March 31,
	2011			2010
Operating activities:
Consolidated net income	$	1,978		$	706
Adjustments to reconcile net income to net cash provided by operating activities:
Depreciation and amortization		7,781			8,104
Stock-based compensation		7,946			6,434
Allowance for excess and obsolete inventory		216			736
Allowance for doubtful accounts and sales return reserve, net of write-offs		6			(657	)
Other non-cash adjustments		1,795			1,454
Changes in operating assets and liabilities, net of effects from acquisitions:
Accounts receivable		942			(3,100	)
Inventory		(6,658	)		(1,237	)
Prepaid expenses and other current assets		(751	)		(1,570	)
Accounts payable and accrued liabilities		3,959			4,780
Accrued payroll and related expenses		(2,670	)		(6,512	)
Net cash provided by operating activities		14,544			9,138
Investing activities:
Purchases of property and equipment		(10,000	)		(8,402	)
Purchases of marketable securities		(26,018	)		(45,525	)
Sales of marketable securities		71,185			54,016
Payment for specific rights in connection with supply agreement		(8,000	)		-
Net cash provided by investing activities		27,167			89
Financing activities:
Issuance of common stock		425			6,628
Other assets		(709	)		(4,408	)
Tax benefits related to stock-based compensation awards		-			882
Net cash (used in) provided by financing activities		(284	)		3,102
Effect of exchange rate changes on cash		77			(78	)
Increase in cash and cash equivalents		41,504			12,251
Cash and cash equivalents at beginning of period		92,597			65,413
Cash and cash equivalents at end of period	$	134,101		$	77,664