Zimmer Biomet not yet in the clear for allegedly stolen trade secrets — 3 details

Spinal Tech

The U.S. International Trade Commission plans to review an earlier ruling that Zimmer Biomet didn't violate the intellectual property rights of another bone cement maker, according to Bloomberg Law and a notice posted on the ITC website July 13.

Three things to know:

1. Heraeus Medical alleged that trade secrets related to its bone cement, which is used to fill the gap between an artificial joint and a bone, were stolen by Zimmer Biomet. The ITC launched an investigation into the matter on April 10, 2019.

2. On May 6, ITC Administrative Law Judge Cameron Elliot determined that Zimmer Biomet didn't violate Section 337 of the amended Tariff Act of 1930. The judge said there was no "substantial injury or threat of injury" to Heraeus' domestic industry, and that some of Heraeus' trade secrets weren't protectable.

3. The ITC will review Mr. Elliot's decisions regarding specific trade secrets, as well as the findings as to whether there was "substantial injury to the alleged domestic industry."

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