Alphatec Spine Announces Jury Verdict in the OrthoTec Litigation
Alphatec Holdings, Inc., the parent company of Alphatec Spine, Inc., a medical device company that provides physician-inspired solutions for patients with spinal disorders, announced today that a jury in the OrthoTec, LLC vs. Surgiview S.A.S. case pending before the Superior Court of California, Los Angeles County, reached a verdict. Surgiview, a subsidiary of Scient'x S.A.S., which was acquired by Alphatec in 2010, was found to have transferred assets for less than fair market value in connection with Surgiview's purchase of certain assets of Eurosurgical S.A. in May 2006, and to have interfered with certain contractual rights of OrthoTec.
Although a formal judgment has not yet been entered, the jury has awarded monetary damages in the amount of $47.9 million, plus interest against Surgiview related to various causes of action alleged by OrthoTec. Prior to a judgment being entered against Surgiview there will be a second trial to determine if Alphatec can be held responsible for the amount of the damages assessed against Surgiview. This second trial is scheduled to occur within the next 60 days. As a result, in the fourth quarter of 2013, Alphatec expects to record a non-recurring expense of $47.9 million associated with yesterday's damages award and trial-related litigation expenses of $3.7 million that were incurred during the fourth quarter of 2013. Additional information on this ongoing litigation will be provided on the Company's upcoming fourth quarter and full year 2013 earnings call.
"While Alphatec is disappointed with the outcome, we continue to believe that the facts and the law do not support the jury's findings and Alphatec will vigorously defend itself in any future litigation related to this matter," said Les Cross, Chairman and CEO of Alphatec Spine. Mr. Cross added, "Moving forward, Surgiview will file appropriate legal motions."
This action against Surgiview was initiated in 2008. Following Alphatec's acquisition of Scient'x S.A.S. in 2010, Alphatec was added as a defendant in this case in 2012.