If the spine industry were the NFL, right around this time, a zebra would run out on the field and throw a penalty flag. It seems that Globus Medical, aka "when will they go public," must feel like they've been hit by several players after they've been tackled. Piling on has a new meaning. You know what the late Rosanna Rosanna Dana use to say, "it just goes to show you if it ain't one thing, it's another." It's bad enough that the Cat has nine lives, but Les Paul, I mean David and his band are starting to play some dissonant notes.
On August 22, 2011, Rachiotek, LLC and the mighty Eli of Yale University have filed suit in the United States District Court in the District of Massachusetts against you guessed it, Globus Medical, for allegedly infringing upon the "675" patent by making, using, offering for sale, and or selling devices that provide spinal stabilization. As a result of the patent infringement, Rachiotek is seeking preliminary and permanent injunctions and damages.
The case involves patent infringement, and arises under the Patent Laws of the United States, Title 35, United States Codes. The patent in question, the "675" patent (U.S. Patent No. 7,931,675) entitled, "Dynamic Stabilization Overhanging Stabilization" was issued on April 26, 2011 to Panjabi et al. The "675" patent is generally directed to spinal stabilization devices for use in stabilizing a spinal segment. In layman's terms a spinal segment between two vertebraes. The "675" patent includes dependent and independent claims that define various principles of spinal fixation that are disclosed in the patent.
Example: First and Second resilient members that cooperate to deliver a non-linear force displacement response to relative motion between the first and second attachment members or stops associated with the spinal stabilization device. One of the resilient members is an "overhanging" orientation. The Globus device in question is the Transition Dynamic Stabilization System. The Transition DSS includes first and second resilient members that deliver a non-linear force displacement response to relative motion between the first and second attachment members or stops associated with the Transition. One of the resilient members of the Transition is an "overhanging" orientation. All the usual allegations and infringements are included in the complaint.
Rachiotek LLC therefore asks for the following;
A judgement that "when will they go public" infringed upon the "675" patent
A preliminary and permanent enjoinment against Globus
A threefold increase in damages because Globus willfully infringed
Prejudgement and post judgement interest on compensatory damages
And last but not least, a trial by jury. Considering that David once slew the mighty Goliath, the champion of the Philistines to show his true identity, how many more salvos can the King of Pain absorb? Remember what David said when confronting Goliath, "This day the world will deliver you into my hands, and I will strike you down, and cut off your head." How many more lawsuits will David have to fight? Maybe it would have been easier to take this onto a battlefield rather than a courtroom. You know what Louis Salinger once said, "Some times a man meets his destiny on the road he took to avoid." David don't look back now, but it seems time is beginning to catch you, karma is a bitch!