Supreme Court declines review in $4m Globus loss to doc inventor

The U.S. Supreme Court yesterday declined to review Globus Medical‘s (NYSE:GMED) $4.3 million loss to the physician who invented some of its spine implant technology.

Dr. Sabatino Bianco sued Globus in March 2012, alleging that the company’s Caliber, Caliber-L and Rise adjustable interbody spacers were based on trade secrets stolen from him in 2007. In January 2014, a jury in the U.S. District Court for Eastern Texas found that Globus had stolen the trade secrets but was not liable for breach of contract, awarding damages of $4.3 million, according to court documents.

Judge William Bryson of the U.S. Federal Circuit Appeals Court, which has jurisdiction over patent law cases, later awarded royalties to Sabatino amounting to 5% of sales for 15 years, starting July 1, 2007, according to the documents.

After Bryson denied appeals from both parties in October 2014, Globus asked the Supremes for a review, arguing that Bryson shouldn’t have heard the case because it belongs in the Fifth Circuit appeals court, where trade secret cases are decided.

Yesterday the high court denied the Globus petition for certiorari without commenting on the case.

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