Synthes Inc. (VTX:SYST) wants a Delaware judge to order Globus Medical Inc. to destroy any intervertebral implants found to infringe a trio of the Swiss medical device giant’s patents.
Synthes, which is the subject of a $21.3 billion takeover bid by Johnson & Johnson (NYSE:JNJ), filed the lawsuit in the U.S. District Court for Delaware, seeking judgments of willful infringement, injunctions against further infringement, triple damages, interest, legal costs and an order "directing Globus to recall from distribution and destroy its entire stock of infringing products within the United States," according to court documents.
It’s not the first time a major medical device player has gone after Globus on patent infringement grounds. Earlier this year, Medtronic Inc. (NYSE:MDT) won a partial victory in a federal appeals court in its pursuit of Globus over spinal stabilization technology. That case was returned to a lower court for reconsideration of a $2.7 million judgment against Globus.
Globus has landed several 510(k) clearances from the Food & Drug Administration for various spinal fixation devices since December 2010. The company bills itself as "the world’s largest privately held spinal company," according to its website.
Johnson & Johnson was ranked #2 on the MassDevice Big 100 list of the world’s largest medical device companies. Medtronic ranked fifth on the list.