• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Subscribe

MassDevice

The Medical Device Business Journal — Medical Device News & Articles | MassDevice

  • Latest News
  • Technologies
    • Artificial Intelligence (AI)
    • Cardiovascular
    • Orthopedics
    • Neurological
    • Diabetes
    • Surgical Robotics
  • Business & Finance
    • Wall Street Beat
    • Earnings Reports
    • Funding Roundup
    • Mergers & Acquisitions
    • Initial Public Offering (IPO)
    • Legal News
    • Personnel Moves
    • Medtech 100 Stock Index
  • Regulatory & Compliance
    • Food & Drug Administration (FDA)
    • Recalls
    • 510(k)
    • Pre-Market Approval (PMA)
    • MDSAP
    • Clinical Trials
  • Special Content
    • Special Reports
    • In-Depth Coverage
    • DeviceTalks
  • Podcasts
    • MassDevice Fast Five
    • DeviceTalks Weekly
    • OEM Talks
      • AbbottTalks
      • Boston ScientificTalks
      • DeviceTalks AI
      • IntuitiveTalks
      • MedtechWOMEN Talks
      • MedtronicTalks
      • Neuro Innovation Talks
      • Ortho Innovation Talks
      • Structural Heart Talks
      • StrykerTalks
  • Resources
    • About MassDevice
    • DeviceTalks
    • Newsletter Signup
    • Leadership in Medtech
    • Manufacturers & Suppliers Search
    • MedTech100 Index
    • Videos
    • Webinars
    • Whitepapers
    • Voices
Home » Globus: Witness for J&J’s Synthes faked credentials

Globus: Witness for J&J’s Synthes faked credentials

April 28, 2015 By Brad Perriello

Globus: Witness for J&J's Synthes faked credentials

Globus Medical (NYSE:GMED) wants a federal judge in Delaware to overturn its $16 million patent infringement loss to Johnson & Johnson‘s (NYSE:JNJ) DePuy-Synthes unit because a key witness for Synthes lied on the stand about his credentials.

A jury in the U.S. District Court for Delaware ruled in June 2013 that Audubon, Pa.-based Globus infringed on 3 Synthes spinal implant patents with its now-discontinued Independence ALIF system, Coalition ACDF system and InterContinental Plate-Spacer product lines.

The $16 million judgment was based on a 15% royalty rate applied to approximately $107 million in revenues Globus reported from the sale of the devices. But in December 2014, Synthes learned from Richard Gering’s former employer that he did not have a Ph.D., as he testified to under oath, according to court documents.

"Neither Synthes nor Synthes’ counsel knew or had any reason to know prior to this disclosure that Mr. Gering did not have a Ph.D.," the company argued, according to the documents.

Synthes let the court and Globus know the day after it found out, according to court filings, prompting the March 2 Globus bid to toss the case. Synthes argued that the lack of credentials doesn’t mean Gering was unqualified as an expert witness or that the newly discovered information renders Mr. Gering’s opinions or underlying methodology substantively flawed.

"Globus thus does not address whether, much less dispute that, the final judgment is justified based on Mr. Gering’s true credentials. Instead, Globus bases its entire motion on the alleged impeachment value of exposing Mr. Gering’s lack of a Ph.D., apparently arguing that impeachment on this one of Mr. Gering’s many credentials would discredit not only all of Mr. Gering’s testimony, but somehow all of the testimony of Synthes’ other witnesses," Synthes argued. "Globus has not produced any substantive evidence that would undermine the Court’s damages judgment, and certainly nothing that would undermine the Court’s validity or infringement judgments."

Globus countered that Gering’s credentials were an important basis for his expert opinion in the case.

"Synthes’ arguments against relief rest upon a fiction that Mr. Gering’s falsified credentials were immaterial to the judgment. But Synthes does not dispute that Mr. Gering’s opinions had 3 stated bases, 1 of which was his education. Synthes further ignores the importance of expert witness testimony to ascertaining patent damages, as this court told the jury in its instructions," Globus said in a court filing. "But perhaps most striking is Synthes’ admission that it did not investigate Mr. Gering’s background – despite its obligation to do so under [federal statute] – yet its counsel knew how to do so quickly and cheaply.

"Synthes’ argument that Globus could have discovered Mr. Gering’s falsified Ph.D. if Globus knew of the same 3rd-party source that Synthes’ counsel plainly knew of is irrelevant. Globus took actions to investigate Mr. Gering’s credentials that were reasonable under the circumstances. Globus had no reason to know from its investigation that Mr. Gering falsified his credentials and perjured himself for more than a decade," the company said in the filing.

Filed Under: Legal News, News Well, Patent Infringement, Spine Tagged With: depuysynthes, Globus Medical, Johnson and Johnson

More recent news

  • Omnipod 5 rollout for type 2 rolls on as Insulet pursues next-gen automation
  • Ancora Heart reaches enrollment milestone in pivotal heart failure device trial
  • PharmaSens, SiBionics innovatively combine tech in all-in-one insulin patch pump
  • Johnson & Johnson launches daily disposable multifocal toric contact lens
  • Study backs Biolinq intradermal sensor in muscle loss prevention during GLP-1 therapy

Primary Sidebar

“md
EXPAND YOUR KNOWLEDGE AND STAY CONNECTED
Get the latest med device regulatory, business and technology news.

DeviceTalks Weekly

See More >

MEDTECH 100 Stock INDEX

Medtech 100 logo
Market Summary > Current Price
The MedTech 100 is a financial index calculated using the BIG100 companies covered in Medical Design and Outsourcing.
MDO ad

Footer

MASSDEVICE MEDICAL NETWORK

DeviceTalks
Drug Delivery Business News
Medical Design & Outsourcing
Medical Tubing + Extrusion
Drug Discovery & Development
Pharmaceutical Processing World
MedTech 100 Index
R&D World
Medical Design Sourcing

DeviceTalks Webinars, Podcasts, & Discussions

Attend our Monthly Webinars
Listen to our Weekly Podcasts
Join our DeviceTalks Tuesdays Discussion

MASSDEVICE

Subscribe to MassDevice E-Newsletter
Advertise with us
About
Contact us

Copyright © 2025 · WTWH Media LLC and its licensors. All rights reserved.
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of WTWH Media.

Privacy Policy