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."