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An Indiana medical device company has accused one of its former top executives of stealing confidential information and using it to benefit a key competitor.
Zimmer Biomet, a Warsaw-based global company that designs and manufactures orthopedic equipment and surgical tools, filed its lawsuit against Kristoff Goson, Zimmer Biomet’s former vice president of commercial transformation, in the U.S. District Court for the Northern District of Indiana on Friday. Zimmer Biomet alleges that Goson stole company secrets and breached a non-compete agreement after he became the chief executive of a leading competitor, Pixee Medical.
Zimmer Biomet, which is the state’s seventh largest company in terms of revenue, is now seeking an injunction to stop Goson from possessing or disclosing Zimmer’s confidential information and from working for Pixee.
Goson and Pixee did not immediately return The Indiana Lawyer’s messages.
According to Zimmer Biomet’s complaint, Goson worked for the company for almost 23 years, serving in various roles, including vice president and general manager of extremities, sports medicine and restorative therapies, before leading commercial transformation. Zimmer Biomet said Goson was “instrumental” in developing some of the company’s technology, specifically Zimmer Biomet’s Project Atlas Mixed Reality, a device for surgeons that delivers immersive holograms.
Zimmer Biomet said Goson had virtually “unfettered access” to the company’s technological developments and its global strategies.
Because of the competitiveness of the medical technology field, Goson was required to sign a confidentiality, non-compete, and non-solicitation agreement, which the company asserts remains in effect until Sept. 12, 2027. According to the complaint, the agreement prohibits Goson from working for a competitor and requires him to protect the company’s confidential information.
In February, a month after he was promoted to vice president of commercial transformation, internal allegations surfaced alleging that Goson was maintaining a side business promoting non-Zimmer Biomet products for a non-affiliated company called Encore Surgical Supplies, the complaint stated.
Zimmer Biomet investigated Goson and determined he had used personal email addresses to send himself “countless volumes” of Zimmer’s confidential information, including sensitive trade secret information related to product research and development, business strategies, planning and financial projections. Zimmer also asserts that Goson downloaded thousands of company files that, if in the wrong hands, could benefit a rival company.
Following the investigation, Zimmer Biomet terminated Goson for cause on March 12.
On June 26, Goson notified Zimmer Biomet that he was joining Pixee.
“Goson’s roles with Zimmer Biomet and his knowledge of its Confidential Information and proprietary strategies will benefit both him personally and serve Pixee’s ability to compete with Zimmer Biomet, providing Pixee with significant competitive advantages based on Goson’s experience, reputation, and access to which he was afforded by his employment with Zimmer Biomet,” the complaint stated.
Zimmer Biomet has asked the court to preliminarily and permanently enjoin Goson and anyone associated with him, including Pixee, from possessing, using or disclosing Zimmer Biomet’s confidential information, and it has asked the court to prevent Goson from working for or lending assistance to Pixee for 18 months.
The case is Zimmer US, Inc., a Delaware corporation, v. Kristoff Goson, 3:26-cv-01064.
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