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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`GLOBUS MEDICAL, INC.,
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`Plaintiff,
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`v.
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`LIFE SPINE, INC.,
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`C.A. No. 21-1445 (JPM)
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`)))))))))
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`Defendant.
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`JOINT STIPULATION AND [PROPOSED] ORDER
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`WHEREAS, Plaintiff Globus Medical, Inc. (“Globus”) and Defendant Life Spine, Inc.
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`(“Life Spine”) (collectively, the “Parties”), submit that it would be appropriate to narrow the scope
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`of this action with respect to the asserted claims/patents and prior art;
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`WHEREAS, the Parties previously informed the Court that they were in process of
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`negotiating a framework for such case narrowing, see D.I. 99 at 1 n.1;
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`THE PARTIES HEREBY STIPULATE AND AGREE, subject to the approval of the
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`Court, as follows:
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`1.
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`With respect to its final infringement contentions, Globus agrees to assert no more
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`than 45 claims.
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`2.
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`With respect to its final invalidity contentions, Life Spine agrees to assert no more
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`than 8 references and 20 obviousness combinations per patent. Globus agrees to consider in good
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`faith any reasonable modification proposed by Life Spine.
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`3.
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`No later than 14 days prior to the service of its initial expert report on infringement,
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`Globus agrees to reduce its asserted claims to no more than 20.
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`
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`Case 1:21-cv-01445-JPM Document 111 Filed 03/29/23 Page 2 of 2 PageID #: 2437
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`4.
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`Upon service of its initial expert report on invalidity, Life Spine agrees to reduce
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`its asserted prior art to no more than 6 references and 8 obviousness combinations per patent.
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`Globus agrees to consider in good faith any reasonable modification proposed by Life Spine.
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`5.
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`The Parties further agree to negotiate further pretrial narrowing as needed.
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`WEIR GREENBLATT PIERCE LLP
`
`/s/ Jeffrey S. Cianciulli
`
`Jeffrey S. Cianciulli (#4369)
`824 Market Street Mall, Suite 800
`Wilmington, DE 19801
`(302) 652-8181
`jcianciulli@wgpllp.com
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`Attorneys for Plaintiff
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Jennifer Ying
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`Jack B. Blumenfeld (#1014)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jying@morrisnichols.com
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`Attorneys for Defendant
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`Dated: March 29, 2023
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`SO ORDERED this ________ day of __________, 2023.
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`_________________________________________
`Hon. Jon P. McCalla
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`- 2 -
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`
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