Moskowitz Family LLC v. Globus Med.

Full title: MOSKOWITZ FAMILY LLC Plaintiff, v. GLOBUS MEDICAL, INC. Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Dec 22, 2022

Civil Action 20-3271 (E.D. Pa. Dec. 22, 2022)

Opinion

Civil Action 20-3271

12-22-2022

MOSKOWITZ FAMILY LLC Plaintiff, v. GLOBUS MEDICAL, INC. Defendants.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 22^nd day of December, 2022, upon consideration of Defendant Globus

Medical, Inc.'s Motion for Summary Judgment (Doc. No. 237), Plaintiff Moskowitz Family LLC's Response (Doc. No. 240), defendant's Reply (Doc. No. 247), and Plaintiff's Sur-reply (Doc. No. 250), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:

1. Summary judgment is GRANTED in favor of Defendant and against Plaintiff on Plaintiff's claims of direct infringement of the '913 patent and the '022 patent.

2. Defendant's Motion is DENIED with respect to Plaintiff's claims of induced infringement under 35 U.S.C. § 271(b).

It is FURTHER ORDERED that a trial scheduling conference is set for Tuesday, January 24, 2023 at 2:30 p.m. Counsel are directed to dial in as follows: (1) Call: 888-6848852; (2) Enter access code: 2187450#; (3) Press # to enter as a participant.