Stryker (NYSE:SYK) this week argued that the lawsuit it leveled against Zimmer Biomet (NYSE:ZBH) this spring, accusing its orthopedics rival of poaching sales reps, doesn’t need to include the former reps.
Kalamazoo, Mich.-based Stryker sued Zimmer Biomet in March in the U.S. District Court for Southern Texas, alleging “concerted and deliberate unfair competition, improper use of Stryker’s confidential and trade secret information, and improper solicitations of Stryker’s customers and employees” in the Houston area.
Zimmer Biomet allegedly enticed a pair of Stryker reps, Andrew Ruggles and Carson Combs, to set up a rival foot & ankle business targeting Stryker customers in breach of their non-compete and non-solicitation agreements, according to the lawsuit. The ex-reps “are now moving the business of those Stryker customers to defendants and utilizing Stryker confidential and trade secret information,” Stryker alleged.
Ruggles quit Stryker in November 2016 and allegedly recruited Combs to follow suit just 4 days later, according to the suit, which asked Judge Gray Miller for a temporary restraining order and preliminary injunction barring Zimmer Biomet, Ruggles and Combs from further alleged violations, according to court documents.
Zimmer Biomet in May moved to dismiss the case, arguing that although Stryker’s claims are pegged to Ruggles and Combs, it inexplicably failed to name them as defendants.
Illustration Credit: MassDevice