Susman Godfrey has secured a complete appellate victory for Globus Medical, Inc., with the U.S. Court of Appeals for the Federal Circuit affirming the company’s sweeping win against Moskowitz Family LLC in a dispute involving patents related to spinal-fusion implants and instruments.
Moskowitz originally sought more than $86 million in damages, alleging that ten Globus products infringed three patents. In December 2023, following an eight-day trial in the Eastern District of Pennsylvania, a jury returned a complete defense verdict, finding that none of the accused Globus products infringed any of the asserted patents. The district court had previously granted Globus summary judgment of noninfringement on two additional patents at issue in the case.
On September 11, 2026, a three-judge Federal Circuit panel affirmed Globus’s victory in full. The court upheld the district court’s construction of the disputed patent term “universal” and its summary judgment rulings of noninfringement as to U.S. Patent Nos. 8,353,913 and 9,889,022. The court also concluded that substantial evidence supported the jury’s finding of noninfringement as to U.S. Patent No. 10,478,319 and affirmed the denial of Moskowitz’s post-trial motion for judgment as a matter of law.
“This decision preserves the complete victory Globus earned at trial and confirms the strength of the company’s positions at every stage of the case,” said Susman Godfrey partner John Lahad, who argued the appeal. “We are proud to have once again delivered an important result for Globus, a true innovator in the spinal implant industry.”
Lahad and partner Mark Hatch-Miller served as co-lead trial counsel. Susman Godfrey New York associate Daniel Simon authored Globus’s successful Federal Circuit brief, and Lahad presented oral argument. Partners Chanler Langham and Steven Shepard were also instrumental in the victory and served on the district court trial team.
This appellate win is the latest in a series of victories Susman Godfrey has secured for longtime client Globus. In 2016, the firm obtained a complete defense verdict for Globus in a separate spinal-device patent infringement case in the Eastern District of Texas. Lahad and Hatch-Miller also served on the Susman Godfrey team in that matter.
The appellate case is Moskowitz Family LLC v. Globus Medical, Inc., No. 24-1696, in the U.S. Court of Appeals for the Federal Circuit. The underlying case is No. 2:20-cv-03271 in the U.S. District Court for the Eastern District of Pennsylvania.
