Synthes/Globus Patent Feud Resumes (written by Walt Eiersner @ OTW)
Read the official complaint here
Synthes USA, LLC is suing Globus Medical, Inc. again.
The latest suit is after Globus paid Synthes $13.5 million in 2007 to settle allegedly infringement claims. This time Synthes is suing Globus over U.S. Patents ‘207, ‘616 and ‘076.
The ‘207 patent, issued in December 2010, the ‘616 patent issued in January 2011 and the ‘076 patent also issued in January 2011, are entitled “Intervertebral Implant.” Synthes claims the patents cover the following Globus products: Independence ALIF System, Coalition ACDF System and the InterContinental Plate-Spacer. According to Globus’ website, the Independence combines a stabilization plate and a PEEK interbody spacer. The Coalition is an ACDF spacer system. The InterContinental is a plate-spacer designed for minimally invasive lateral fixation.
The ‘027 and ‘616 inventors are Beat Lechmann, Dominique Burkhard, Chris M.J. Cain and Claude Mathieu. The ‘076 inventors are only Mathieu and Cain.
The case is Synthes USA v. Globus Medical Inc., 11-cv-652, U.S. District Court, District of Delaware (Wilmington).
Synthes Seeks Relief
Synthes wants the court to declare that Globus has willfully infringed the three patents, enjoin Globus from further infringement and award treble damages. Synthes is also asking for interest on the damages and all legal costs. In addition Synthes wants Globus to recall and destroy the entire stock. They also want a jury trial. No specific monetary damages were sought in the suit.
Globus Lawsuits
Earlier this year, Medtronic Inc. won a partial victory in a federal appeals court against Globus over a spinal stabilization technology. That case was returned to a lower court for reconsideration of a $2.7 million judgment against Globus.
In October 2010, NuVasive, Inc. filed a patent infringement lawsuit against Globus, contending that Globus’ LLIF lateral fusion product, including instruments, implants and techniques sold under the trademarks TransContinental, MARS 3V, and LLIF, infringed NuVasive’s XLIF intellectual property.
Globus has a reputation in the industry for successfully fending off lawsuits.
Festering Feud
Synthes and Globus have been at odds ever since Globus was founded in 2003 by David Paul, a former Synthes employee. While as Synthes, Paul served as Director of Product Development for Synthes Spine. According to Globus, he was named inventor on approximately 25 patents while at Synthes. Globus is now the world’s largest privately held spinal company. In previous lawsuits, Synthes accused Globus of improperly using confidential information about Synthes, recruiting Synthes employees and passing off Synthes products as their own.
With Synthes having agreed to be acquired by Johnson & Johnson, this may be last shot in the long running feud by former colleagues.
Click here to view the complaint in its entirety.
Synthes Sues Globus (Again) (written by Lauren Uzdienski @ HealthPointCapital)
In 2007, Globus paid $13.5 million to settle a series of patent infringement allegations brought by Synthes. Now Synthes has filed another lawsuit, this time alleging that Globus’ spacer technology infringes Synthes patents.
Named in the suit are Globus’ Independence, Coalition and InterContinental systems. According to Globus’ website, the Independence combines a stabilization plate and a PEEK interbody spacer. The Coalition is an ACDF spacer system. The InterContinental is a plate-spacer designed for minimally invasive lateral fixation.
According to the complaint, Synthes “has suffered and will continue to suffer damages and irreparable injuries” as a result of the infringement. The 2007 case was settled relatively quickly, and it will be interesting to see if the added might of JNJ, which is the process of acquiring Synthes for $21.3 billion, will change the tone of the proceedings at all. The bad blood between Synthes and Globus goes back several years: Globus was founded by former Synthes employees, who set up shop not far from Synthes’ Pennsylvania headquarters. In previous lawsuits, Synthes also accused Globus of improperly using confidential information about Synthes, recruiting Synthes employees and passing off Synthes products as their own.