On October 23, 2017 a
Party Statement
was filed
involving a dispute between
Biosystems Of New England, Inc.,
and
Jd Spine Llc,
Rhodes, Byron,
for Equitable Remedies
in the District Court of Middlesex County.
Preview
\\.3
_——
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
BIOSYSTEMS OF NEW H
Plaintiff,
ve
BYRON RHODES;
Defenday
SUPERIOR COURT DEPARTMENT OF
THE TRIAL COURT
INGLAND, INC., CIVIL ACTION NO. 17-3092-J
AFFIDAVIT OF JOHN DOWLING
I, John Dowling, herd
1. I live in Fairfi
2. lam a founder
distributor of spine surgery p
3. Globus Medic;
implants and related products
trauma.
4, In August 201
Administration (“FDA”) to pi
system called Excelsius GPS.
orthopedic and neurosurgical
orthopedic surgery.
iby depose and say:
eld, Connecticut.
and co-owner of JD Spine LLC (“JD Spine”), an exclusive
‘oducts and tools for Globus Medical, Inc. (“Globus Medical”).
al is a leading musculoskeletal solutions company, providing
for surgeons to use jin treating patients with spine disorders and
7, Globus Medical obtained clearance from the U.S. Food and Drug
roceed with its revolutionary robotic guidance and navigation
This platform technology supports minimally invasive and open
lprocedures, with screw placement applications in spine and5. Excelsius GPS
|
|
lises Globus Medical implants and instruments to make a 3-D
model of the spine so that surgeons do not need to use as much fluoroscopy or x-rays. The
system minimizes radiation e:
placement.
6. JD Spine now
“7. The only comp
similar to Globus Excelsius G]
Medtronic and Stryker have ir
and Globus provide the actual]
posure, streamlines workflow, and assists in implant and screw
will be the distributor for Excelsius GPS.
any I am aware of that has FDA-approved robotic technology
PS in the spine market is Mazor Robotics. Other companies like
iter-operative imaging and navigation technology but only Mazor
robotics that can integrate imaging and navigation to mechanically
assist and guide screw placement. Stryker’s navigation system is not robotics; it is a navigation
system that relies on hospital
8. On October 19
Excelsius GPS navigation sys
since he was a surgical techn
9. We understand
navigation systems yet. InN
Medical to develop expertise
CT.
10. In addition to p
specialist, we plan to have Mr
business at accounts not listed
11. On Thursday,
to Mr. Rhodes from Phillip M
imaging equipment and the surgeon to place instrumentation.
2017, JD Spine hired Byron Rhodes to fill our new position as the
!
tems specialist. I and others at JD Spine have known Mr. Rhodes
logist at Yale New Haven Hospital.
|
that Mr. Rhodes does not have any experience with robotics or
vember, Mr. Rhodes will begin a training program at Globus
in this area in Q4 to coincide with GPS system units being sold in
roviding services for JD Spine as our GPS navigation systems
. Rhodes provide case support for other JD Spine representatives’
in Exhibit B of Mr. Rhodes’ agreement with Biosystems.
October 19, I received a copy of a letter dated October 17 addressed
eikle of Biosystems, Mr. Meikle asked Mr. Rhodes to providecertain information about his pew job. Iknew
that he would be working for
12. On October 19)
entire week of cases at five ha
away on an international med:
|
that
|
Mr. Rhodes had already informed Biosystems
JD Spine.
and October 20, I was covering surgeries and setting up for the
ispitals that would be occurring the following week while I was
ical mission. I spent the day with my family on Saturday and
traveled on Sunday. I responded to Mr. Meikle on’ Monday, October 23 from my hotel in
I
Kingston, Jamaica. I was not|
Mr. Rhodes that day.
aware that Biosystems planned to filed a lawsuit against
13. J emailed a letter to Mr. Meikle on Monday, October 23, letting him know that
!
Mr. Rhodes would not be working for the accounts listed in Exhibit B of his agreement with
Biosystems. A copy of that e|
14. Mr. Rhodes ha
confidential information fron]
such information. We have i
we do not want him to use an|
15. Mr. Rhodes ha
Exhibit B of his agreement
Medical Center sterile proces}
Mr. Rhodes had never been t¢
hospital’s staff or surgeons.
mail is attached as Exhibit 1.
is never provided and has never offered to provide us with any
Biosystems. JD Spine has never asked Mr. Rhodes to provide any
structed Mr. Rhodes that we do not want any such information and
|
such information in the course of his work for JD Spine.
I
is not worked on behalf of JD Spine on any of the accounts listed in
ith Biosystems. On October 20, he assisted me at St. Vincent’s
|
sing department. During his entire tenure at Biosystems,
I
St. Vincent’s Medical Center or had any interaction with that|
16. Mr. Rhodgs also has not been asked to solicit any Biosystems employee on behalf
of JD Spine, and to my knowledge he has not solicited any Biosystems employee on behalf of JD
Spine. There were and are no sales associate positions available at JD Spine for the Biosystems
employee John Brennan whom Biosystems alleges that Mr. Rhodes “actively solicited” while
Mr. Rhodes was still a Bipsystems employee. |
SIGNED UNDER THE RAINS AND PENALTIES OF PERJURY THIS 30TH DAY OFFrom: John Dowling
Date: October 23, 2017 at 3:29:59 PM EST
To: pmeikle@biosystems.com |
Ce: John Doherty , Byron Rhodes
Subject: Byron Rhodes i
|
|
|
|
|
|
Mr Meikle,
Please see response attached regarding Byron Rhodes.
Thank you, |
John and JohnOctober 23, 2017
Philip Meikle
Biosystems
1440 Main Street
Waltham, MA 02451
Mr Meikle,
This is in response to your
We understand that Byron
abide by them. Byron will
assigned to for Biosystems
Dr Abbed — Yale
Dr Dilluna— Yale
Dr Khale
Dr Laurans — Hospital of S
Dr Dickey — Yale
Dr Hebert — Yale
Dr Petrucci — Bridgeport Hospital
Dr Cheng — Yale
Dr Tomak — Yale
Dr King —- The VA
Dr Doherty -L& M
Sincerely,
John Doherty
John Dowling
|
|
Spine
srcuave momomenjon toms moc
'
i
request of Byron Rhodes regarding his employment with JD Spine.
is subject to certain restrictions, and that Byron and JD Spine intend to
mot be supporting or soliciting for JD Spine at the accounts he was
llisted below.
Raphael
20 East Shore Drive, Ellington CT 6818
Document Filed Date
October 30, 2017
Case Filing Date
October 23, 2017
Category
Equitable Remedies
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Preview
\\.3 _—— COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS BIOSYSTEMS OF NEW H Plaintiff, ve BYRON RHODES; Defenday SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT INGLAND, INC., CIVIL ACTION NO. 17-3092-J AFFIDAVIT OF JOHN DOWLING I, John Dowling, herd 1. I live in Fairfi 2. lam a founder distributor of spine surgery p 3. Globus Medic; implants and related products trauma. 4, In August 201 Administration (“FDA”) to pi system called Excelsius GPS. orthopedic and neurosurgical orthopedic surgery. iby depose and say: eld, Connecticut. and co-owner of JD Spine LLC (“JD Spine”), an exclusive ‘oducts and tools for Globus Medical, Inc. (“Globus Medical”). al is a leading musculoskeletal solutions company, providing for surgeons to use jin treating patients with spine disorders and 7, Globus Medical obtained clearance from the U.S. Food and Drug roceed with its revolutionary robotic guidance and navigation This platform technology supports minimally invasive and open lprocedures, with screw placement applications in spine and5. Excelsius GPS | | lises Globus Medical implants and instruments to make a 3-D model of the spine so that surgeons do not need to use as much fluoroscopy or x-rays. The system minimizes radiation e: placement. 6. JD Spine now “7. The only comp similar to Globus Excelsius G] Medtronic and Stryker have ir and Globus provide the actual] posure, streamlines workflow, and assists in implant and screw will be the distributor for Excelsius GPS. any I am aware of that has FDA-approved robotic technology PS in the spine market is Mazor Robotics. Other companies like iter-operative imaging and navigation technology but only Mazor robotics that can integrate imaging and navigation to mechanically assist and guide screw placement. Stryker’s navigation system is not robotics; it is a navigation system that relies on hospital 8. On October 19 Excelsius GPS navigation sys since he was a surgical techn 9. We understand navigation systems yet. InN Medical to develop expertise CT. 10. In addition to p specialist, we plan to have Mr business at accounts not listed 11. On Thursday, to Mr. Rhodes from Phillip M imaging equipment and the surgeon to place instrumentation. 2017, JD Spine hired Byron Rhodes to fill our new position as the ! tems specialist. I and others at JD Spine have known Mr. Rhodes logist at Yale New Haven Hospital. | that Mr. Rhodes does not have any experience with robotics or vember, Mr. Rhodes will begin a training program at Globus in this area in Q4 to coincide with GPS system units being sold in roviding services for JD Spine as our GPS navigation systems . Rhodes provide case support for other JD Spine representatives’ in Exhibit B of Mr. Rhodes’ agreement with Biosystems. October 19, I received a copy of a letter dated October 17 addressed eikle of Biosystems, Mr. Meikle asked Mr. Rhodes to providecertain information about his pew job. Iknew that he would be working for 12. On October 19) entire week of cases at five ha away on an international med: | that | Mr. Rhodes had already informed Biosystems JD Spine. and October 20, I was covering surgeries and setting up for the ispitals that would be occurring the following week while I was ical mission. I spent the day with my family on Saturday and traveled on Sunday. I responded to Mr. Meikle on’ Monday, October 23 from my hotel in I Kingston, Jamaica. I was not| Mr. Rhodes that day. aware that Biosystems planned to filed a lawsuit against 13. J emailed a letter to Mr. Meikle on Monday, October 23, letting him know that ! Mr. Rhodes would not be working for the accounts listed in Exhibit B of his agreement with Biosystems. A copy of that e| 14. Mr. Rhodes ha confidential information fron] such information. We have i we do not want him to use an| 15. Mr. Rhodes ha Exhibit B of his agreement Medical Center sterile proces} Mr. Rhodes had never been t¢ hospital’s staff or surgeons. mail is attached as Exhibit 1. is never provided and has never offered to provide us with any Biosystems. JD Spine has never asked Mr. Rhodes to provide any structed Mr. Rhodes that we do not want any such information and | such information in the course of his work for JD Spine. I is not worked on behalf of JD Spine on any of the accounts listed in ith Biosystems. On October 20, he assisted me at St. Vincent’s | sing department. During his entire tenure at Biosystems, I St. Vincent’s Medical Center or had any interaction with that| 16. Mr. Rhodgs also has not been asked to solicit any Biosystems employee on behalf of JD Spine, and to my knowledge he has not solicited any Biosystems employee on behalf of JD Spine. There were and are no sales associate positions available at JD Spine for the Biosystems employee John Brennan whom Biosystems alleges that Mr. Rhodes “actively solicited” while Mr. Rhodes was still a Bipsystems employee. | SIGNED UNDER THE RAINS AND PENALTIES OF PERJURY THIS 30TH DAY OFFrom: John Dowling Date: October 23, 2017 at 3:29:59 PM EST To: pmeikle@biosystems.com | Ce: John Doherty , Byron Rhodes Subject: Byron Rhodes i | | | | | | Mr Meikle, Please see response attached regarding Byron Rhodes. Thank you, | John and JohnOctober 23, 2017 Philip Meikle Biosystems 1440 Main Street Waltham, MA 02451 Mr Meikle, This is in response to your We understand that Byron abide by them. Byron will assigned to for Biosystems Dr Abbed — Yale Dr Dilluna— Yale Dr Khale Dr Laurans — Hospital of S Dr Dickey — Yale Dr Hebert — Yale Dr Petrucci — Bridgeport Hospital Dr Cheng — Yale Dr Tomak — Yale Dr King —- The VA Dr Doherty -L& M Sincerely, John Doherty John Dowling | | Spine srcuave momomenjon toms moc ' i request of Byron Rhodes regarding his employment with JD Spine. is subject to certain restrictions, and that Byron and JD Spine intend to mot be supporting or soliciting for JD Spine at the accounts he was llisted below. Raphael 20 East Shore Drive, Ellington CT 6818