Law360, New York (May 16, 2013, 1:30 PM ET) — Two of Johnson & Johnson’s DePuy Synthes units were hit Wednesday in Delaware federal court with allegations that they infringed Globus Medical Inc.’s patent covering a spinal implant.Globus sued DePuy Synthes Products LLC and DePuy Synthes Sales Inc., alleging their Zero-P VA intervertebral fusion implant product infringes U.S. Patent Number 8,328,872, which was issued to Globus in December. The suit alleges further that Synthes’ infringement was willful.
“Synthes’ continued manufacture, use, offers to sell, and/or selling of its Zero-P VA intervertebral fusion implants, despite its knowledge of the ‘872 patent, constitutes at least reckless disregard of the ‘872 patent,” the complaint said. “Globus has suffered and will continue to suffer damages and irreparable injuries unless Synthes’ infringement of the ‘872 patent is enjoined.”
Intervertebral fusion implants generally relate to products that are surgically implanted to stabilize the spine. The Synthes Zero-P VA product targeted in Globus’ suit is indicated for treating patients with degenerative spinal discs, according to Synthes.The Globus suit lodged Wednesday is not the first time the companies have fought it out over patent infringement allegations related to spinal implants.
In July 2011, Synthes lodged a suit in Delaware federal court, alleging that Globus infringed three patents related to intervertebral implants. That suit — which is pending and scheduled for a jury trial in June — alleged that Globus’ Independence ALIF system, Coalition ACDF system and InterContinental Plate-Spacer products infringed the three Synthes patents.Another DePuy Synthes company — DePuy Inc. — was sued in September by an orthopedic surgeon’s patent-holding company. In that suit, which is pending, Bonutti Skeletal Innovations LLC and Dr. Peter M. Bonutti alleged that DePuy had infringed some of its patents related to medical sutures and knee surgery methods.DePuy has also recently been fending off allegations that it sold a defective hip implant.On April 16, a jury in Illinois sided with DePuy in the second case alleging defects in its ASR XL metal hip to go to trial. Previously, however, a Los Angeles jury entered an $8.3 million verdict against DePuy in a similar suit over the allegedly defective hip implant.
Source:Scott Flaherty.http://www.law360.com
J&J Units Sued Over Spinal Implant Patent
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