The complete appellate win removes a multi-year patent infringement overhang that had been pending since 2019. With no further appeal likely (Federal Circuit affirmance is effectively final), Globus's product lineup faces no injunction or royalty risk from these patents. Monitor for any potential certiorari petition, though the standard is very high.
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Executive Summary
The Federal Circuit affirmed summary judgment of noninfringement for Globus Medical on three spine-surgery patents (’913, ’022, ’319) owned by Moskowitz Family LLC. The court upheld the district court's claim construction of 'universal' as requiring a spacer designed for any spinal region and any surgical approach, and agreed the preambles are limiting — Globus's accused products do not meet that construction. The jury's noninfringement finding on the ’319 patent was also affirmed as supported by substantial evidence. This removes all patent infringement liability risk for Globus on these three patents, eliminating a multi-year litigation overhang.
Court Ruling Details
Key Facts
- Federal Circuit affirmed summary judgment of noninfringement for Globus on the ’913 and ’022 patents, agreeing that the preambles are limiting and the district court's construction of 'universal' was correct.
- Jury verdict of noninfringement on the ’319 patent was affirmed — substantial evidence supported the finding that Globus's products do not meet the 'cooperating' limitation.
- Moskowitz conceded its accused products do not infringe under the district court's construction of 'universal', ending the infringement case on those patents.
- No damages were awarded; the case is fully resolved in Globus's favor with no financial exposure.
Financial Impact
No damages awarded; litigation risk removed entirely for these three patents.
Risk Factors
- Moskowitz could theoretically petition for certiorari to the Supreme Court, but the Federal Circuit's thorough analysis makes that unlikely.
- Other patent assertions by Moskowitz or third parties on different patents remain possible but are not addressed in this ruling.
Market Snapshot
Investment Themes
Documents Analyzed
This report is based on 1 court opinion.
| Document | Accession Number |
|---|---|
| COURT-RULING Data (Synthetic) | court-8aa77bf837-GMED |
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