Johnson & Johnson Wins $16M in Patent Suit with Globus Medical

globus_medical_patent_suitGlobus Medical was ordered to pay Johnson & Johnson over $16 million in damages after a Delaware jury ruled that medical device maker, Globus Medical, violated three of Johnson & Johnson’s patents.

The three Globus products, which have been discontinued, violated patents held by DePuy Synthes, a segment of health care giant, Johnson and Johnson, according to FierceMedicalDevices. Globus indicated that it continues to work through motions that are aimed at reversing the verdict; the court’s formal judgment is pending.

The three products involved are Independence ALIF System, Coalition ACDF System, and InterContinental Plate-Spacer products. The products, explained Law360, are not a part of Globus’ current product lineup; therefore, Globus will not be mandated to pay Synthes royalties based on current or future sales, according to Globus.

Regardless, the jury verdict found that Synthes’ patents were valid. The awarded royalty is based on 15 percent cut of Globus’ calculated sales related to the three implant patents. The verdict was delivered after a two-week trial, according to Law360.

“The company believes the facts and the law do not support the jury’s findings of infringement and patent validity and will seek to overturn the verdict in post-trial motions with the District Court and, if necessary, through the appeals process,” Globus wrote in a statement, FierceMedicalDevices reported.

“We are pleased with the jury’s verdict and that it affirmed the validity of our patents,” Debbie Williams, a Synthes spokeswoman, told Law360 in a statement.

Synthes initially filed the lawsuit in 2011, just prior to when Johnson & Johnson bought the medical device business, over allegations that Globus’ Independence, Coalition, and InterContinental spinal devices infringed on its intellectual property, according to FierceMedicalDevices. The suit also asserted United States Patent Numbers 7,846,207; 7,862,616; and 7,875,076, which were all entitled “Intervertebral implant,” said Law360.

The company seeks injunctive relief and treble damages and also seeks an order in which Globus must recall and destroy its entire stock of allegedly infringing products in the U.S., according to Law360.

This is just one of a number of battles between the two firms.

Also pending is a May 15 lawsuit Globus brought against Johnson & Johnson in which the device maker alleges that Johnson & Johnson violated its Zero-P VA intervertebral fusion implant patent, FierceMedicalDevices said. The implant was launched in February 2012. Globus now seeks a jury trial and has asked for an injunction on sales, as well as a damage award.

This entry was posted in Legal News. Bookmark the permalink.

© 2005-2016 Parker Waichman LLP ®. All Rights Reserved.