In a legal saga that began in November 2019, a Maryland neurosurgeon’s company, Moskowitz Family LLC, initiated legal action against medical device giant Globus Medical Inc. The lawsuit alleged patent infringement related to advancements in spinal surgery, focusing on innovations and developments by Dr. Nathan C. Moskowitz and his sons Mosheh and Ahmnon.Moskowitz sought damages of over $86 million.
The dispute unfolded when Moskowitz Family LLC claimed that Globus Medical had not only submitted a lowball offer for their patent portfolio but also proceeded to manufacture devices allegedly infringing on the contested patents after negotiations reached an impasse. The patents in question covered “more minimally invasive spinal implants combined with improved surgical methods, tools, and systems of implantation for spinal fusion surgery.”
Fast forward to December 2023, following an intense eight-day trial in the Eastern District of Pennsylvania, the jury delivered a significant verdict on the 13th of December. The jury concluded that Globus Medical Inc. did not infringe—neither literally nor by inducing others—on neurosurgeon Nathan Moskowitz’s patents for spinal implants used in treating spinal stenosis.
This outcome marks a pivotal moment in the legal landscape surrounding intellectual property disputes within the medical device industry. The verdict not only absolves Globus Medical Inc. of the infringement allegations but also calls attention to the complexities of patent negotiations and the scrutiny surrounding manufacturing practices.
The case sheds light on the challenges innovators and corporations face in navigating the delicate balance between protecting intellectual property rights and engaging in fair business practices. The jury’s decision will likely reverberate within the medical technology sector, influencing future negotiations, agreements, and the approach to safeguarding innovative contributions.
SOURCES: https://casetext.com/case/moskowitz-family-llc-v-globus-med-2 / https://news.bloomberglaw.com/ip-law/doctor-says-globus-medical-infringes-spine-surgery-patents / https://www.law360.com/articles/1777121/jury-finds-no-infringement-of-spinal-implant-patents/ https://www.susmangodfrey.com/wins/susman-godfrey-secures-second-in-a-row-complete-patent-trial-victory-for-globus-medical/
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