Susman Godfrey has secured its second-in-a-row complete trial victory for client Globus Medical Inc., defending the company against an $86 million patent infringement claim by a Maryland doctor and his family.
Globus is the leading innovator and patent holder in the spinal implant market. Plaintiff Moskowitz Family LLC, a company owned by a Maryland doctor and his two sons, alleged that Globus infringed three patents pertaining to spinal fusion implants and instruments. Moskowitz sought damages of over $86 million. After an eight-day trial, a jury in the Eastern District of Pennsylvania found that not a single one of the ten accused Globus products infringed a single one of Moskowitz’s three asserted patents.
“We couldn’t be happier that a jury has once again correctly recognized that our client, Globus, is the true innovator in the spinal implant market,” said partner Mark Hatch-Miller, who served as co-lead trial counsel alongside partner John Lahad.
Hatch-Miller delivered the opening argument in the trial and Lahad delivered the closing. This was Hatch-Miller and Lahad’s second trial successfully defending Globus Medical against patent claims; the earlier victory came in 2016 in the Eastern District of Texas. Hatch-Miller and Lahad were joined by their partners Chanler Langham and Steven Shepard, associate Lora Krsulich, and a team of staff from the firm’s New York office.
Susman Godfrey’s Globus team faced off against opposing counsel from the #1 patent prosecution and litigation firm in the country. The team secured several victories over the course of the matter, including winning transfer of the lawsuit out of the Western District of Texas to Globus’s home district, prevailing on several important pre-trial and mid-trial motions narrowing the scope of the case, and winning a complete victory from the jury rejecting 100% of Moskowitz’s infringement claims.
The case is Moskowitz Family LLC v. Globus Medical Inc., case number 2:20-cv-03271,in the United States District Court, Eastern District of Pennsylvania.
