Globus heads off $86m claim by family practice
Medical device company wins eight-day jury trial in spinal implant patent dispute | Johns Hopkins neurosurgeon claimed Globus Medical directly infringed multiple patents in US | Susman Godfrey | Fish & Richardson.
A large medical device company in the US has defended an infringement claim worth $86 million brought by a family-led neurosurgery practice, in a patent dispute over spinal implants and related products.
Since its original complaint, filed in November 2019, the Moskowitz Family practice claimed that Globus Medical had directly infringed multiple patents with many of its products.
But, after many twists and turns, the case narrowed its focus from eight to three patents, and 10 of Globus’ products from many more.
The three patents in dispute were: US patent numbers 10,478,319; 10,307,268; and 10,028,740.
After an eight-day trial which concluded on December 13, the jury found that Globus did not infringe on any patents due to a lack of evidence, and cleared the company of the $86 million in damages demanded by the plaintiff.
However, the Pennsylvania jury concluded that Globus had not proven that the patents were invalid.
Mark Hatch-Miller, partner and co-lead of the Susman Godfrey trial team acting for Globus, told LSIPR that the lawsuit was an “unsuccessful attempt to ensnare us”.
Globus, a large, publicly traded company, headquartered in Pennsylvania, develops and sells products for the treatment of musculoskeletal conditions of the spine, extremities, and pelvis.
Among these products are implantable devices, biologics (such as bone graft material), accessories, and surgical instruments used in spinal and orthopaedic procedures.
A family affair
The Maryland-based Moskowitz Family was founded by Nathan Moskowitz and his two sons, Mosheh and Ahmnon, who collectively invented the patents assigned to the practice.
Moskowitz is a neurosurgeon and innovator in the field of spinal surgery, who trained at Johns Hopkins Hospital, where he became chief resident, and also held several fellowship positions at the university.
Moskowitz says the company was created for the purpose of developing human spine-related devices, and for the protection and licensing of any resulting inventions and intellectual property.
At the time of its original 2019 complaint, Moskowitz Family owned a portfolio of more than 50 issued US patents and more than a dozen pending patent applications related to new and improved fixation systems for minimally invasive spinal surgery.
The practice argued that the technologies described and claimed in those patents have revolutionised spinal fusion procedures.
This was the second trial in which Susman Godfrey attorneys successfully defended Globus against patent claims, the first being in 2016 against Flexuspine.
“We couldn’t be happier that a jury has once again correctly recognised that our client, Globus, is the true innovator in the spinal implant market,” said Hatch-Miller, who led the opening arguments in the trial.
Partner John Lahad led closing arguments and both were joined in last week’s trial by partners Chanler Langham and Steven Shepard, and associate Lora Krsulich.
The case is Moskowitz Family LLC v Globus Medical Inc, case number 2:20-cv-03271, in the US District Court, Eastern District of Pennsylvania.
LSIPR has contacted Fish & Richardson, counsel for Moskowitz, with no immediate reply.
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