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MAKO Surgical AO Message Board

  • donknute donknute Mar 20, 2013 3:49 PM Flag

    MAKO vs Gellman et al (Blue Belt). Expert Opinion

    Excerpt from a non-compete expert based in Florida (where the lawsuit was filed):

    "Instead, against the backdrop of a relatively reasonable non-compete agreement, Gellman did (perhaps) the stupidest thing imaginable: He took a bunch of MAKO’s documents with him on his way out the door. According to the complaint, Gellman emailed himself (and his wife) dozens of documents related to MAKO’s clients, accounts, marketing plans and company finances. In my view, this fact is basically dispositive. If Gellman had not taken any documents with him, he would be in a much different position. On the issue of confidential information, he would be in the world of inevitable disclosure (which is an open question under Florida law). In that case, Gellman could argue that he may have been exposed to general sales and marketing information, but that he did not remember anything specific, and – besides – he was just a salesman. He never had access to real trade secrets. And on the issue of customers, Gellman could argue that there were no substantial customer relationships at issue. In other words, the clients – the hospitals and surgical centers – are all well-known throughout the industry. But all of that is out the window. Instead, Gellman apparently has taken a bunch of MAKO’s documents with him. The fact that Gellman thought those documents were important enough to take with him (i.e. to steal) suggests that those documents, and the information they contain, really are valuable to a competitor and new market entrant like Blue Belt..."


    Sentiment: Strong Buy

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    • Very stupid, indeed. As I've mentioned in a response to another of your posts, BB added on to the stupidity by making a very public announcement of this idiot's hiring marking the hire date, etc.

      i just also want to say that I'm so over Bluebelt... with what is happening with ISRG right now, BB's lack of haptics makes their product very risky for ortho-surgeons. The open source nature of BB's approach also makes them highly venerable to liability using products from Stryker, DuPuy, Zimmer and Biomet. These huge competitors can argue that it's not their product at fault if something goes wrong - they can point to surgeon's/hospital's decision to use BB's Navi-whatchamacallit to place their proprietary product. Bottom line, an ortho-surgeon would be rolling the dice using BB with other company's replacement parts. Much safer from liability pov to use Mako's end-to-end solution.