Tuesday, June 5, 2012

Globus and Patent Infringement Attorneys: So Happy Together

Sometimes people have to wonder whether David Paul's sphincter is tighter than a G string on a banjo, does he have cojones the size of basketballs, or is he just that arrogant that he believes that he is beyond reproach?  Considering that Globus is on the verge of going public, an S-1 addendum was filed on May 29, 2012, TSB decided to perform some due diligence on how many ongoing lawsuits or complaints are pending when it comes to the fastest growing company in the spine industry. Could this be karma? Could this be the gestalt of Globus, a patent attorney's dream company? Wow, how do potential investors view this company?  In 2007, Globus settled with Synthes for $13.5 million for infringing upon Synthes patents. Then in July of 2011, once again, Synthes filed suit against Globus for allegedly infringing upon patents '616, '207, and '076. This current claim pertains to the Intercontinental Plate Spacer, the Independence ALIF, the Coalition ACDF. TSB believes that this was a going away present from Hanjoerg Wyss to David Paul, a sort of kiss on the cheek. Then the industry was entertained with the Warsaw Orthopedic/Medtronic v. Globus litigation that resulted in a "reversed in part, affirmed in part and remanded" decision resulting in a slight slap on the wrist for Globus pertaining to  a spine stabilization system. In 2010 Nuvasive filed a suit claiming that Globus had infringed on patents pertaining to XLIF's intellectual property. As the Globus saga continues (let's see how many company's will sue us?) in April of 2012 there was a new  complaint filed by Dr. Sabatino Bianco, a prominent neurosurgeon based in Tyler, Texas. The complaint involves the misappropriation of trade secrets and confidential information, as well as a breach of an agreement not to improperly use information and to keep the said information confidential.  The plaintiff Dr. Bianco, asserts that he developed and maintained his confidential information and trade secrets in Texas, entered into a confidential agreement with Globus in Texas, disclosed the information in reliance on the agreement in Texas, and received various misrepresentations concerning Globus' intent to use the invention in Texas. Basically, what the complaint states is that, once again, Globus is accused of patent infringement on an expandable cage, aka the Caliber L.

If you read the complaint you have to ask the six million dollar question, when are surgeon inventors ever going to learn their lesson? How many times have we heard the story that "a company representative told the surgeon that the company had no intention of utilizing his invention?" Let me count the ways, "They screwed me, they screwed me not." Is there no honor amongst thieves?  Even the Mafia has a code of conduct. This type of behavior has been existent since the dawn of time in spine. Considering that David Paul, his sidekick Tatoo, and the Globus Men in Tights are on the verge of their biggest coup, an IPO, does it behoove Dave the Rave to tuck his tail between his legs (if there is room) and make good with Dr. Bianco?  Whoever Dr. Bianco is, it is quite evident that he is not going down without a fight.  The complaint alleges multiple counts a follow;

Count 1: Misappropriation of Trade Secrets
Count 2: Breach of Contract
Count 3: Correction of Inventorship
Count 4: Unfair Competition
Count 5: Fraud
Count 6: Theft
Count 7: Exemplary Damages
Count 8: Injunctive Relief

Last but not least the plaintiff and his attorney's have requested a trial by jury with jurisdiction in the State of Texas.  Could the Globus luster be tarnished? Does the company have a bullseye on its back? You know a cat has nine lives, but Globus eventually will have its day in court, and may have used its Get Out of Jail card one time too many.  It will be interesting to follow this case, who knows that extra $50 million may be in anticipation of what is coming down the road based on this company's reputation.  If John Q. Public is reading TSB, remember the golden rule, once you buy the stock, Globus can do whatever it desires with your investment. Caveat Emptor.  TSB wants to know who's court is the ball in?

"Imagine me and you, I do, I think about you day and night, it's only right
To think about the surgeon you love and hold him tight, so happy together
I can't see me lovin' nobody but you for all my life, when you're with
me baby the skies'll be blue for all may life.....the only one for me is you,
and you for me so happy together."


63 comments:

  1. Of course, it could be just another surgeon looking to win the lottery. I don't know, but the greed that has infected the spine physician class has turned most into nothing but dirty whores willing to do just about anything for a few extra shekels. And I've seen surgeons present half-assed drawings on some "great" idea they have that wouldn't merit a passing grade from a high school drafting class, much less offering any real innovation.

    ReplyDelete
    Replies
    1. Yeah, I'd be curious to know how detailed his, "design," was.

      Don't know how many times I've heard, "Do you guys have an expandable yet?"

      Delete
    2. From what I have heard from very reliable resources during the creation of the Caliber TLIF spacer. All of the "design" team Surgeons had 0 experience with expandable devices i.e. Staxx etc... Just being put in a pay to play design team. Globus has demonstrated poor ethical choices regarding reverse engineering and IP, so it is with ease that we can make the leap that Globus may have used IP knowing that is was not theirs.

      Delete
    3. You have to have a strong case to go as far as a suit in patent litigation

      Delete
  2. Karma is a beautiful thing and Globus will get there own in many ways

    ReplyDelete
  3. Do not forget Yale v. Globus re: Dynamic Stabilization (Transition-GLobus). If you reference the S-1 filing the products that Globus claims the most volume based increase in numbers over the last few years are all (most) under litigation.
    Coalition- Synthes
    Independence- Synthes
    Inter-Continental- Synthes
    Transition- Yale
    Caliber- Bianco
    Trans-Continental- NuVasive

    ReplyDelete
    Replies
    1. Affirm (Kyphoplasty)- Mitchell

      Delete
  4. Almost 400 million in annualized sales and 21% growth is difficult to disparage. Whether they go public or not, whether they pay big settlements or not I think a more thoughtful question is how long before they are the number 3 or 4 player in spine? Unfortunately they are being rewarded to date for potential patent violations, questionable management skills and in my opinion a core fusion line that could use some improvements. Which means there is something to launching 12-14 new products a year and having a full bag. I know that seems obvious but Stryker, Zimmer, Biomet, and insert your company haven't quite grasped that business model.

    ReplyDelete
  5. Globus = Zerox.
    I didn't want to besmirch the name Xerox for all you spelling Natzis.

    ReplyDelete
    Replies
    1. That's Nazis, to you.

      Delete
  6. No one is disparaging Globus, the facts are, well the facts. Granted they were a $331 million dollar company in 2011, but it is a long way off of $400 million. Just like the underwriters, you are selling futures when you say "how long before they are number 3 or 4? Globus will not be able to continue launching X amount of products every year, at that point all they are doing is cosmetic changes, facts there are only so many ways to implant metal and PEEK. It will be interesting to see what the stock will be offered at considering Facebook was $38 and should have really been listed at $8 or $9 dollars. Time loves a hero, we will see if there is irrational exuberance when and if they go public.

    ReplyDelete
  7. What does it matter? They all make junk, they all break the law and they all maim people.

    Doctors should stay out of engineering. An engineer can read and understand their books but a doctor in most cases just is not smart enough, motivated enough and too greedy to work hard enough to be an engineer.

    Give me 5 million dollars and a couple of good MEs and I will produce devices and tools that can fix most spine and joint problems. Give me twice that and I will produce tools, techniques and biological implants.

    IMO the best device to date is NeoDisk. It is a practical solution that is superior to everything else. There rest of the junk like the screws and plates are Frankenstien devices.

    ReplyDelete
    Replies
    1. 5 million? I can do it for half that plus the Beatles white album....and maybe some Swedish fish.

      Delete
  8. "Boss, boss!, de plantiff, de plantiff"

    ReplyDelete
  9. MM - Globus just reported their quarterly incomes and it was 94.7 million so I think that is a lot closer to 400 million than 331 million over the next year (2012). In fact, if they continue to grow at 21% a quarter they should get to 400 million. I am not selling futures, I am buying and I don't work for Globus I work for one of the Legacy companies I mentioned that frustrates me with their lack of vision. I hear from them all the time if the company shows growth they will get the capital appropriated from corporate (Recon division:hint) to make acquisitions or invest in organic growth. Really? I want to yell at the top of my lungs you have it backwards jackass, come out with ten new products or even five in a year and you will see double digit growth and it doesn't work the other way around.

    Fat Bastard - No doubt it takes great engineers to make great products but if you ignore what your customers wants and needs are you won't be making them for long. It is a lot different to conceptually make a product and test it on a cyclical wear machine then actually use the product. I think doctors and representatives often have useful information on products and improvements needed to products and instrumentations that engineers don't have the creativity or experience needed to come up with on their own. I realize you like to make audacious statements for reaction but be careful not to show us just how smart you are.

    ReplyDelete
    Replies
    1. It's not audacious its true. ADR have been around since 1955. The first were Lucite pegs and they were very effective.

      How difficult is it really to insert and fasten an inert flexible material between two disks? Answer, not very. The problem is making a device that a monkey can install and if a monkey can install it then most American spine surgeons can as well.

      When I see the keels on some of these ADRs it is obvious that they were not designed by an engineer but rather a committee chimpanzees. There is a very simple way to get the disk in the right place and prevent migration and restore and maintain the curve.

      The medical industry is so blinded with greed that they don't think. When you consider the fact that average hospital makes 10 medication errors a day and every day in the US there are 3 wrong site surgeries it not surprising that they can't produce a decent implant. Hell, we have a 1 in 9 infection rate in our hospitals. Doctors are not qualified to dabble in areas so far over their swelled heads. They are too stupid to be designing medical devices and too corrupt to be trusted to evaluate them ie Medronics who if they were in China would be executed.

      The customer is the patient and the patient wants something that works right. Doctors want money and that's about it.

      Delete
    2. Fat Bastard, you are a pompous, obviating wind bag who enjoys making inflammatory statements that have virtually no substance.
      Enlighten all of us with your intellect by describing how to "attach a flexible material between two disc.". I doubt your use of crazy glue at your kitchen table would be capable of standing up to the hundreds of thousands of motion cycles that accompany a patients neck movements throughout a year.
      For your enlightenment Fat Bastard, the keel on the ADRs is not meant to "restore or maintain the curve". The keel is to help provide initial stabilization and to resist migration of the end plates. By the way, the curve you refer to in the cervical and lumbar spine is lordotic - learn to be specific when being a jackass.
      I had to save your ridiculous first statement for last. Just how effective were they Fat Bastard? Cloward bone dowels were effective too, but the only place you see those today are in the text books. As for you last statement, well, captain obvious is certainly appropriate for you.
      Fat Bastard we all know your type. You are the officious village idiot standing on your stump wildly gesticulating with your arms and pie hole.
      J

      Delete
    3. There is no way I am going to jeopardize my patent by revealing my designs here.

      I know why the use a keel and I know what it's stupid. Cutting keel slots is barbaric and only pushes the fast forward button on herterotrphic ossification.

      Doc, if you were run your mouth in to guys like Pinnetta in Brazil or the late Nick Boeree you would still be to stupid to know just how ignorant you are.

      As to the dowel cuts. They sucked http://www.springerlink.com/content/80t2lbf78889uduy/
      Once again you show your ignorance. Maybe if you stopped reading the industry hype you'd have a clue.

      Read this pimp.. http://www.drugwatch.com/orthopedic-surgeons-and-medical-device-companies-cosey-bed-fellows.php

      Again liar, this is the 21st century and we have had the technology and materials to produce a durable and flexible spacer to replace a damaged disk. You may be to stupid to know that or you may be to crooked to admit it.

      A couple of good old boys at a hardware store could could come up with better devices in an afternoon than the spine industry ever has and they would have the good sense to sterilize before implantation. Perhaps you'd like to tell us the infection rate for spine surgery in the US.

      BTW liar, bone dowels in spite of the fact that they don't work well are still in use. http://www.spine-health.com/treatment/spinal-fusion/bone-graft-options-spine-fusion-surgery

      There is one reason and one reason only a decent ADR is not available in the US. GREED!

      Delete
    4. Fat Bastard you are truely dillusional and your lack of correct grammar shows your ignorance. You are no engineer. You constant misuse of words shows a lack of attention to details that no 1st year engineer would exhibit. By the way, have you ever studies String Theory. Fascinating stuff. I'm sure we all have that wrong as well in your minds eye.
      You are the one in the opening sentence stating how the lucite pegs were effective. Now you're saying they're not. Sounds like John Kerry's statement of "I voted for it before I voted against it". Which is it?
      As far as your patent or idea or dillusion(I'm betting on the latter one) of an ideal ADR, why haven't we seen or heard of your device and/or ground breaking idea? No takers from all the companies or venture capitalist more than willing to put $10 - 20 million in a well thought out concept. There are waaaay too many one hit wonder companies out there currently that prove out there is money to be invested.
      I hate to throw sand in your face but since you've been in the closet jerking off for the past 10 years, there is an ADR out with an elastic polymer that is well affixed to the endplates. Go do your research.
      Lets face it. You have been spurned by the industry and there is nothing more vengeful than a... well, Fat Bastard. No one wanted you or your toy.
      Now go put your big boy pants on and stop taking your unemployment checks to the local convenience store to cash and buy 32 ounce brown bag specials.
      J

      Delete
    5. Spoken like a true Romney supporter.

      You are obviously a doctor. Your ADD, arrogance and Aspergar's is showing.

      Fat Bastard said that bone dowels don't work not lucite pegs. Pay attention you arrogant turd.

      Fat Bastard kicked your loser ass.

      Spine Blogger and Fat Bastard is exposing you, the FDA and your corrupt industry. I also expose crooks and lairs like you on my FDA corruption blog.

      A word to the wise quack, there are more of us than there are of you.

      @ Fat Bastard, I have some contacts in India and I know a patent attorney.

      Delete
    6. Hey dumb ass. Cloward bone dowels did work. They were part of the evolution of products we currently use today in ACDFs.
      And you were certainly right about there being "more of us than there are of you". No one ever said you had to have an I.Q. above 100 to be born.
      J

      Delete
    7. In response to E! And Fat Bastard. Dr. Cloward contributed more to society and medicine in his lifetime than the two of you could contribute in a 100 lifetimes.
      Read what he developed in the era that he practiced medicine and maybe, just maybe, you will be more humble and respectful of those who have contributed to patient care.
      Are there greedy surgeons today? Yes. Are they the majority? No. If the majority were all greedy Fat Bastards we would be completely over run with PODs. Less than 20% of the surgeons that fall within my 2 state territory are consultants for companies or involved in or would like to be involved in a POD.

      Delete
    8. The Cloward dowel method for fusion has a high failure rate. The fact that it is still being used is astounding.

      The mean fusion rate for 348 patients in the current study ranged from 75% (multilevel) to 88% (one level; n = 202). The overall fusion rate was 83%. That's terrible! If they are going to shove a chunk of bone in at least mill it so that it will stay in place.

      This was an industry study. The real numbers are probably much worse. The Agency For Health Care Policy and Research, 40% of patients who undergo back surgery suffer from failed back surgery syndrome.

      Only 20% are PODs? 20%? That's acceptable to you? That's like saying less than 20% of pilots fly drunk.

      PODs are illegal.

      The entire industry is a nest of snakes. The industry is incapable of policing itself. I used to hunt snakes.

      Delete
  10. Google,
    Mitchell vs Globus Medical

    yet another lawsuit for stolen inventions by Globus
    Com'on TSB dig deeper.

    ReplyDelete
  11. Yikes

    http://dockets.justia.com/search?q=GLOBUS+MEDICAL%2C+INC.

    ReplyDelete
  12. Publish their names and addresses.

    ReplyDelete
    Replies
    1. Globus Medical, Inc.
      Ed Joyce, 610-930-1800
      ejoyce@globusmedical.com
      www.globusmedical.com

      Delete
  13. This comment has been removed by a blog administrator.

    ReplyDelete
    Replies
    1. This comment has been removed by a blog administrator.

      Delete
  14. This comment has been removed by a blog administrator.

    ReplyDelete
  15. Fat Bastard: If DCP has not been convicted please refrain from making blanket statements regarding this proceeding. Justice will run its course and will determine whether or not someone is convicted on fraud charges. Wow, some things never cease to amaze our readers.

    ReplyDelete
    Replies
    1. Justice? Fining companies who maim and kill is not justice. Look at all the blood Medtronics and J&J have on their hands. Did anyone even get arrested?

      Go to this link and read about the indictment of David C Paul. http://mortgagefraudblog.com/images/uploads/paulIndictment.pdf

      If you dig a bit further and go to this link you will see the links to Goldman Sachs http://www.globusmedical.com/board-of-directors

      There are some very shady characters on the board of directors.

      T.J. Carella
      Goldman, Sachs & Co.

      Christopher Dawe
      Goldman, Sachs & Co.

      Justice? LOL! The medical industry is above the law.

      It's nice seeing a snarky little blog poking fun at the royals but I would rather see justice.

      Delete
  16. Oh Bastard that is fat. Was Daddy a physician? Was Daddy never there to change your underwear? Did you sit at home all alone with your Nintendo eating donuts and washing them down with sweet carbonated bevies wishing Daddy would spend more time with his fat little boy than his patients? Fatty boy, did you have friends? When did you turn to the comfort of your digital calipers and Texas Instruments calculator? Fatty pants did you wear thick brown corduroys that made a shwoop shwoop sound as your rotund upper thighs rubbed together on the way to the refrigerator to refill your McDonald's Hamburgler glass with ice cold whole milk? I bet your double chin reminded daddy of his secretary's bountiful cleavage; the same secretary who named you 'Fat Bastard.' Fatty, don't hate physicians because you hate daddy. Work away doing your CAD drawings in between surfing Captain Stabbin's latest seafaring adventures. Keep dreaming that you can be a doctor, just like daddy was, maybe even a better doctor. You're fat, you can do anything. Not.

    ReplyDelete
    Replies
    1. Relax! Hahaha we can all see you're a doctor. Remember, sticks and stones.... Haha wow!

      Delete
    2. How does it feel doc to be part of an industry that is the leading cause of death and injury? Does that make you proud?

      How does it make you feel to know that you are part of an industry guilty of more fraud than all other industries combined?

      How does it feel to be be part of an industry that is bankrupting the economy?

      How does it feel to be be part of an industry that leads the world in iatrogenic deaths.

      I don't know about you doc but if I were you, I'd be worried that one of my patients might show up seeking a little do it yourself justice. The day that happens I'll be waddling my fat ass to your grave so that I can piss on it.

      Delete
    3. Fat Bastard, you are a pompous, obviating wind bag who enjoys making inflammatory statements that have virtually no substance.
      Enlighten all of us with your intellect by describing how to "attach a flexible material between two disc.". I doubt your use of crazy glue at your kitchen table would be capable of standing up to the hundreds of thousands of motion cycles that accompany a patients neck movements throughout a year.
      For your enlightenment Fat Bastard, the keel on the ADRs is not meant to "restore or maintain the curve". The keel is to help provide initial stabilization and to resist migration of the end plates. By the way, the curve you refer to in the cervical and lumbar spine is lordotic - learn to be specific when being a jackass.
      I had to save your ridiculous first statement for last. Just how effective were they Fat Bastard? Cloward bone dowels were effective too, but the only place you see those today are in the text books. As for your last statement, well, captain obvious is certainly appropriate for you.
      Fat Bastard we all know your type. You are the officious village idiot standing on your stump wildly gesticulating with your arms and pie hole.
      J

      Delete
    4. Fat Bastard pwned you.

      You J are the reason over 1 MILLION Americans are medical tourists each year.

      Fat Bastard is a tinkerer and he knows more about the bio mechanics of the spine that you do.

      Fat Bastard is fat so what? The medical industry's answer to obesity is destroying a perfectly healthy digestive system.

      Delete
  17. 25 lawsuits against Globus..........http://dockets.justia.com/search?q=Globus+Medical+Inc

    ReplyDelete
  18. link to PDF: http://litigation.maxval-ip.com/Admin/OpenFile.aspx?caseid=76458&Type=CM

    Plaintiff: Sabatino Bianco MD
    Defendant: Globus Medical Inc

    Case Number: 2:2012cv00147
    Filed: March 20, 2012

    Court: Texas Eastern District Court
    Office: Marshall Office
    County: Tarrant
    Presiding Judge: Rodney Gilstrap

    Nature of Suit: Intellectual Property - Patent
    Cause: 35:145 Patent Infringement
    Jurisdiction: Federal Question
    Jury Demanded By: Both

    ReplyDelete
  19. MITCHELL v. GLOBUS MEDICAL, INC.

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    Plaintiff:

    M. DAVID MITCHELL



    Defendant:

    GLOBUS MEDICAL, INC.







    Case Number:

    2:2012cv02747



    Filed:

    May 18, 2012







    Court:

    Pennsylvania Eastern District Court



    Office:

    Philadelphia Office



    County:

    Outside the State of PA.



    Presiding Judge:

    ROBERT F. KELLY







    Nature of Suit:

    Contract - Other Contract



    Cause:

    28:1332 Diversity-Contract Dispute



    Jurisdiction:

    Diversity



    Jury Demanded By:

    Plaintiff






    Access additional case information on PACER

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    Plaintiff: M. DAVID MITCHELL



    Represented By: STUART D. LURIE



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    Defendant: GLOBUS MEDICAL,

    ReplyDelete
  20. Idiot, if you are going to paste multiple pages at least clean it up

    ReplyDelete
    Replies
    1. Damn, another Fat Bastard

      Delete
    2. Lighten up, Francis

      Delete
  21. MITCHELL v. GLOBUS MEDICAL, INC.

    Plaintiff: M. DAVID MITCHELL
    Defendant: GLOBUS MEDICAL, INC.

    Case Number: 2:2012cv02747
    Filed: May 18, 2012

    Court: Pennsylvania Eastern District Court
    Office: Philadelphia Office
    County: Outside the State of PA.
    Presiding Judge: ROBERT F. KELLY

    Nature of Suit: Contract - Other Contract
    Cause: 28:1332 Diversity-Contract Dispute
    Jurisdiction: Diversity
    Jury Demanded By: Plaintiff

    Access additional case information on PACER
    Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

    Search for this case: MITCHELL v. GLOBUS MEDICAL, INC.
    Plaintiff: M. DAVID MITCHELL
    Represented By: STUART D. LURIE

    ReplyDelete
  22. wonder how this deal might be affected?

    https://www.procure.stateuniv.state.il.us/dsp_notice.cfm?Uni=UIC&PN=113JCM

    ReplyDelete
  23. Feels great Fatso. Shwoop Shwoop. Daddy didn't love me :)

    ReplyDelete
  24. How many cages for $1.8 million?

    ReplyDelete
  25. This comment has been removed by the author.

    ReplyDelete
  26. Could Globus steal a mirror image?

    ReplyDelete
  27. Globust sucks!

    ReplyDelete
  28. If Fat Bastard was a saxophone, I'd watch Kenny G. finger and blow him in concert.

    ReplyDelete
  29. I have an banking colleague in Shanghai that caught wind of CIC looking to purchase Globus, apparently diligence started two months ago. Anyone else hear about this?

    ReplyDelete
    Replies
    1. Heard about that a month ago thought it was a rumor though. Don't understand that strategy but they are sitting on like $3 billion.

      Delete
    2. Who is CIC?

      Delete
    3. Heard about it too, no way that would ever get approved unless they somehow create a US-based Subsidiary.

      Delete
  30. don't think cic is that stupid..

    ReplyDelete
  31. Nice blog describing about Globus is accused of patent infringement on an expandable cage.We also enforcing patent rights and defending against claims of patent infringement

    ReplyDelete
  32. Thanks for your experience of patent infringement but i would like to know more about it that the whole Patent Infringement will be insured.

    ReplyDelete
  33. patent infringement lawsuit in federal district court for the District of Arizona against Azbil BioVigilant Incorporated seeking injunctive relief and damages for infringement.we can structure a CA Patent Infringement for contingent, flat-fee, hourly or mixed fee arrangement.

    ReplyDelete
  34. The first part of the trial will be deal with the copyright infringement claims of the case, the second part will deal with Patent Infringement CA claims and the third part will deal with “all remaining issues,” including “damages and willfulness.Great information provided by you for Globus & Patent Infringement Attorneys.........

    ReplyDelete
  35. Asking your lawyer on what to do in that kind of situation is the best move you have Macon Lawyers

    ReplyDelete
  36. I consider this information as one of the best blog I read and another one is patent lawyers Toronto. Nice keep it up!

    ReplyDelete
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