DePuy Synthes Hit With Patent Lawsuit

Globus Medical Inc. is suing two of Johnson & Johnson’s DePuy Synthes’ units over allegations the company’s Zero-P VA intervertebral fusion implant product willfully infringes on Globus’ spinal device patent, The suit was filed on May 15 against DePuy Synthes Products LLC and DePuy Synthes Sales Inc.

The implant in question is part of DePuy Synthes’ Zero-P VA system, a “comprehensive set of implants and instruments designed for stand-alone anterior stabilization of the cervical spine from C2 to T1,” according to the company website.

“Synthes’ continued manufacture, use, offers to sell, and/or selling of its Zero-P VA intervertebral fusion implants, despite its knowledge of the…patent, constitutes at least reckless disregard of the…patent,” the complaint reads. “Globus has suffered and will continue to suffer damages and irreparable injuries unless Synthes’ infringement of the…patent is enjoined.”

This is not the first time the two companies have come to blows over patent infringement. In July 2011, Synthes lodged a suit in Delaware federal court, alleging that Globus infringed three patents related to intervertebral implants. That suit—which is pending and scheduled for a jury trial in June—alleged that Globus’ Independence ALIF system, Coalition ACDF system and Intercontinental Plate-Spacer products infringed the three Synthes patents.

Representatives from DePuy Synthes did not immediately respond to a request for comment.

Globus Medical is headquartered in Audubon, Calif., and DePuy Synthes’ U.S. headquarters are in West Chester, Pa.