Globus Medical, Inc. v. Moskowitz Family LLC
dismissed- Docket:
- 24-1753
- Filed:
- 2024-04-30
- Terminated:
- 2025-04-24
Globus's cross-appeal, consolidated with 24-1696. Dismissed April 24, 2025 under Fed. R. App. P. 42(b), each side bearing its own costs.
Plaintiff
5 cases as plaintiff.
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Globus Medical, Inc. (NYSE: GMED) is a publicly traded medical device company founded in 2003 and headquartered in Audubon, Pennsylvania, with manufacturing in Eagleville and Limerick, PA; West Carrollton, Ohio; San Antonio, Texas; and Methuen, Massachusetts. Press and financial data put headcount at roughly 6,000 and FY2025 net sales at about $2.94 billion, up ~16.7% year over year. It is an independent public company, not a subsidiary.
Products/operations. Globus describes itself as a global musculoskeletal company. Its Musculoskeletal Solutions segment sells spinal implants (pedicle screws, rods, interbody spacers, expandable and 3D-printed implants), orthopedic trauma products, hip and knee implants, biologics, and intraoperative neuromonitoring. Its Enabling Technologies segment sells robotic and navigational surgery systems — ExcelsiusGPS, ExcelsiusHub/Excelsius3D and the ExcelsiusXR headset — used alongside its implants. It acquired spine competitor NuVasive in 2023 (roughly $3.1 billion, all-stock) and neuromodulation company Nevro in April 2025 (about $252.5 million).
Litigation posture. Globus is an operating company and, in the tracked data, predominantly a target rather than an aggressor: one case as defendant (Moskowitz Family LLC v. Globus Medical, Inc.) and one PTAB proceeding as plaintiff/petitioner (Globus Medical, Inc. v. Moskowitz Family LLC). Both stem from the same dispute — an operating company defending an infringement suit and countering with inter partes reviews.
Notable cases. Moskowitz Family LLC sued Globus in November 2019 in the Western District of Texas, Waco Division (6:19-cv-672, Judge Albright) — a notably plaintiff-friendly venue — asserting spinal implant and surgical tool patents. Globus moved successfully to transfer the case to the Eastern District of Pennsylvania (No. 2:20-cv-03271) in July 2020, and filed concurrent IPR petitions on multiple Moskowitz patents. The dispute focused on "universal" intervertebral fusion spacers and expandable implants; the Federal Circuit affirmed summary judgment and a jury verdict of noninfringement on September 11, 2026. The case list is limited to tracked appearances and is not a complete record of Globus's litigation.
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Globus's cross-appeal, consolidated with 24-1696. Dismissed April 24, 2025 under Fed. R. App. P. 42(b), each side bearing its own costs.
Globus petitioned for inter partes review of the '913 patent. The PTAB denied institution on the merits, and the '913 patent survived unmodified.
Globus Medical, Inc. filed an inter partes review against Moskowitz Family LLC challenging claims 1-3, 6-8, 10, 12-17, 19, and 20 of US 10,251,643 B2. The PTAB denied institution on Feb. 4, 2021, finding no reasonable likelihood of prevailing.
Globus filed an IPR challenging claims 1, 3, 6, 8, 11, 15-18, and 20 of U.S. Patent No. 10,028,740. The PTAB denied institution on February 5, 2021, so the challenged claims were not reviewed on the merits and the '740 patent was not invalidated in this proceeding.
Globus Medical, Inc. filed an inter partes review petition against Moskowitz Family LLC challenging U.S. Patent 10,478,319. The PTAB denied institution on January 8, 2021.