Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 1 of 25 PageID #: 2930
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`GLOBUS MEDICAL, INC.,
`
`
`C.A. No. 21-1445 (JPM)
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF GLOBUS MEDICAL, INC.’S
`ANSWER TO DEFENDANT LIFE SPINE INC.’S AMENDED COUNTERCLAIMS
`
`
`
`WEIR GREENBLATT PIERCE LLP
`Jeffrey S. Cianciulli (No. 4369)
`824 Market Street Mall, Suite 800
`Wilmington, DE 19801
`(302) 652-8181
`jcianciulli@wgpllp.com
`
`Attorneys for Plaintiff Globus Medical, Inc.
`
`
`OF COUNSEL:
`
`Arun S. Subramanian
`Jacob Buchdahl
`Mark Hatch-Miller
`Geng Chen
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Fl.
`New York, NY 10019
`(212) 336-8330
`asubramanian@susmangodfrey.com
`jbuchdahl@susmangodfrey.com
`mhatch-miller@susmangodfrey.com
`gchen@susmangodfrey.com
`
`
`
`
`John P. Lahad
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002-5096
`(713) 653-7859
`jlahad@susmangodfrey.com
`
`
`
`Dated: April 10, 2023
`
`
`
`Plaintiff,
`
`
`LIFE SPINE, INC.,
`
`
`v.
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 2 of 25 PageID #: 2931
`
`Plaintiff Globus Medical, Inc. (“Globus”) by and through counsel, hereby responds to the
`
`numbered paragraphs of Defendant Life Spine, Inc.’s (“Life Spine”) amended counterclaims for
`
`non-infringement, invalidity, and unenforceability (together the “Counterclaims”) of U.S. Patent
`
`No. 8,845,731 (the “’731 Patent”), U.S. Patent No. 8,845,732 (the “’732 Patent”), U.S. Patent No.
`
`9,402,739 (the “’739 Patent”), U.S. Patent No. 9,956,087 (the “’087 Patent”), U.S. Patent No.
`
`10,137,001 (the “’001 Patent”), U.S. Patent No. 10,925,752 (the “’752 Patent”), U.S. Patent No.
`
`10,973,649 (the “’649 Patent”), and U.S. Patent No. 11,065,128 (the “’128 Patent”) (together the
`
`“Asserted Patents”). All averments and allegations not expressly admitted herein are denied.
`
`PARTIES
`
`1.
`
`2.
`
`Admitted.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`3.
`
`Paragraph 3 purports to characterize the Counterclaims, a legal document which
`
`speaks for itself, and therefore no response is required.
`
`4.
`
`Paragraph 4 states legal conclusions to which no response is required. However,
`
`as Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court lacks subject
`
`matter jurisdiction over Life Spine’s counterclaims with respect to that patent.
`
`5.
`
`Paragraph 5 states legal conclusions to which no response is required. Globus
`
`does not contest that the Court has personal jurisdiction over it for the purposes of this action.
`
`6.
`
`Paragraph 6 states legal conclusions to which no response is required, except that
`
`Globus admits it filed this action in the District of Delaware.
`
`FIRST COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’731 PATENT
`
`7.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`1
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 3 of 25 PageID #: 2932
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 7 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`8.
`
`9.
`
`Admitted.
`
`Admitted.
`
`10.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’731 Patent. The remainder of Paragraph 10 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 10
`
`contains any factual allegations, they are denied.
`
`11.
`
`Paragraph 11 states legal conclusions to which no response is required. To the
`
`extent Paragraph 11 contains any factual allegations, they are denied.
`
`12.
`
`Paragraph 12 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 12 contains any
`
`factual allegations, they are denied.
`
`SECOND COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’732 PATENT
`
`13.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 13 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`14.
`
`15.
`
`16.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’732 Patent. The remainder of Paragraph 16 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 16
`
`contains any factual allegations, they are denied.
`
`2
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 4 of 25 PageID #: 2933
`
`17.
`
`Paragraph 17 states legal conclusions to which no response is required. To the
`
`extent Paragraph 17 contains any factual allegations, they are denied.
`
`18.
`
`Paragraph 18 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 18 contains any
`
`factual allegations, they are denied.
`
`THIRD COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT FO THE ’739 PATENT
`
`19.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 19 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`20.
`
`21.
`
`22.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’739 Patent. The remainder of Paragraph 22 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 22
`
`contains any factual allegations, they are denied.
`
`23.
`
`Paragraph 23 states legal conclusions to which no response is required. To the
`
`extent Paragraph 17 contains any factual allegations, they are denied.
`
`24.
`
`Paragraph 24 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 24 contains any
`
`factual allegations, they are denied.
`
`FOURTH COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’087 PATENT
`
`25.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`3
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 5 of 25 PageID #: 2934
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 25. To the extent a response is required,
`
`Globus incorporates its responses to each and every allegation set forth above in these
`
`Counterclaims as if fully stated herein. To the extent Paragraph 25 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`26.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 26.
`
`27.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 27.
`
`28.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 28, which, in any event, states legal
`
`conclusions to which no response is required. To the extent a response is required, denied.
`
`29.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 29, which, in any event, states legal
`
`conclusions to which no response is required. To the extent a response is required, denied.
`
`30.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 30, which, in any event, states legal
`
`conclusions to which no response is required. To the extent a response is required, denied.
`
`4
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 6 of 25 PageID #: 2935
`
`FIFTH COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’001 PATENT
`
`31.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 31 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`32.
`
`33.
`
`34.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’001 Patent. The remainder of Paragraph 34 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 34
`
`contains any factual allegations, they are denied.
`
`35.
`
`Paragraph 35 states legal conclusions to which no response is required. To the
`
`extent Paragraph 35 contains any factual allegations, they are denied.
`
`36.
`
`Paragraph 36 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 36 contains any
`
`factual allegations, they are denied.
`
`SIXTH COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’752 PATENT
`
`37.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 37 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`38.
`
`39.
`
`40.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`5
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 7 of 25 PageID #: 2936
`
`infringes at least Claim 1 of the ’752 Patent. The remainder of Paragraph 40 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 40
`
`contains any factual allegations, they are denied.
`
`41.
`
`Paragraph 41 states legal conclusions to which no response is required. To the
`
`extent Paragraph 41 contains any factual allegations, they are denied.
`
`42.
`
`Paragraph 42 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 42 contains any
`
`factual allegations, they are denied.
`
`SEVENTH COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’649 PATENT
`
`43.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 43 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`44.
`
`45.
`
`46.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’649 Patent. The remainder of Paragraph 46 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 46
`
`contains any factual allegations, they are denied.
`
`47.
`
`Paragraph 47 states legal conclusions to which no response is required. To the
`
`extent Paragraph 47 contains any factual allegations, they are denied.
`
`48.
`
`Paragraph 48 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 48 contains any
`
`factual allegations, they are denied.
`
`6
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 8 of 25 PageID #: 2937
`
`EIGHTH COUNTERCLAIM
`DECLARATION OF NON-INFRINGEMENT OF THE ’128 PATENT
`
`49.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 49 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`50.
`
`51.
`
`52.
`
`Admitted.
`
`Admitted.
`
`Globus admits that the Second Amended Complaint alleges that Life Spine
`
`infringes at least Claim 1 of the ’128 Patent. The remainder of Paragraph 52 states legal
`
`conclusions to which no response is required. To the extent the remainder of Paragraph 52
`
`contains any factual allegations, they are denied.
`
`53.
`
`Paragraph 53 states legal conclusions to which no response is required. To the
`
`extent Paragraph 53 contains any factual allegations, they are denied.
`
`54.
`
`Paragraph 54 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 54 contains any
`
`factual allegations, they are denied.
`
`NINTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’731 PATENT
`
`55.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 55 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`56.
`
`Paragraph 56 states legal conclusions to which no response is required. To the
`
`extent Paragraph 56 contains any factual allegations, they are denied.
`
`57.
`
`The first sentence of Paragraph 57 states legal conclusions to which no response
`
`7
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 9 of 25 PageID #: 2938
`
`is required. To the extent the first sentence of Paragraph 57 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 57 “incorporates by reference the facts stated
`
`above in support of Life Spine’s TWELFTH DEFENSE as if fully set forth herein,” Globus
`
`responds as follows to Paragraphs 17 through 42 of Life Spine’s Affirmative Defenses (D.I. 106
`
`at 26-32).
`
`a.
`
`With respect to Paragraph 17, Globus admits that Bala Sundararajan was
`
`involved in the prosecution of the ’731 Patent, ’732 Patent, ’001 Patent,
`
`and ’649 Patent, which Life Spine refers to collectively as the ’731
`
`Family Patents. The remainder of Paragraph 17 states legal conclusions
`
`to which no response is required or purports to characterize the ’731
`
`Family Patents, which are documents that speak for themselves, and
`
`therefore no response is required. To the extent the remainder of
`
`Paragraph 17 contains any factual allegations, they are denied.
`
`With respect to Paragraph 18, denied.
`
`Paragraph 19 purports to characterize the Second Amended Complaint, a
`
`legal document which speaks for itself, and therefore no response is
`
`required. To the extent Paragraph 19 contains any factual allegations
`
`inconsistent with the Second Amended Complaint, they are denied.
`
`b.
`
`c.
`
`d.
`
`Paragraph 20 states legal conclusions to which no response is required. To
`
`the extent Paragraph 20 contains any factual allegations, they are denied.
`
`Paragraph 21 states legal conclusions to which no response is required. To
`
`the extent Paragraph 21 contains any factual allegations, they are denied.
`
`To the extent the allegations in Paragraph 22 refer to inventor
`
`e.
`
`f.
`
`8
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 10 of 25 PageID #: 2939
`
`declarations submitted to the PTO with the applications that issued as
`
`the ’731 Family Patents, the documents speak for themselves and no
`
`response is required. Otherwise, Globus is without knowledge or
`
`information sufficient to form a belief as to the truth of the allegations in
`
`Paragraph 22, and therefore denies them.
`
`g.
`
`The first sentence of Paragraph 23 purports to characterize the Second
`
`Amended Complaint and the ’731 Patent, which speak for themselves,
`
`and therefore no response is required. Globus denies the remainder of
`
`Paragraph 23.
`
`h.
`
`With respect to Paragraph 24, denied except that Globus admits
`
`surgeons may be included in its product design teams, but notes that Dr.
`
`Bianco did not serve in that capacity.
`
`i.
`
`Globus admits that Dr. Bianco submitted a one-page sketch. Globus is
`
`without knowledge or information sufficient to form a belief as to the
`
`truth of the remaining allegations in Paragraph 25, and therefore denies
`
`them.
`
`j.
`
`Globus is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations in Paragraph 26, which concern alleged
`
`communications from unnamed individuals at Globus from over 10
`
`years ago, and therefore denies them.
`
`k.
`
`With respect to Paragraph 27, denied except to the extent it quotes the
`
`Second Amended Complaint, which speaks for itself, and therefore no
`
`response is required.
`
`9
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 11 of 25 PageID #: 2940
`
`l.
`
`With respect to Paragraph 28, admitted except that Globus notes the
`
`complaint in Bianco v. Globus Med., Inc., 2:21-cv-00147-WCB (E.D.
`
`Tex.) was filed on March 20, 2012.
`
`m.
`
`The first sentence of Paragraph 29 purports to characterize the jury
`
`verdict form in Bianco v. Globus Med., Inc., 2:21-cv-00147-WCB (E.D.
`
`Tex.), which speaks for itself, and therefore no response is required. The
`
`second sentence of Paragraph 29 purports to characterize the final
`
`judgment entered on July 17, 2014, which speaks for itself, and therefore
`
`no response is required.
`
`n.
`
`Globus admits that at least one individual at Globus saw the one-page
`
`sketch submitted by Dr. Bianco and that Ed Dwyer was involved in
`
`development efforts for an expandable implant. Globus is without
`
`knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations in Paragraph 30, which concern alleged events and
`
`communications from over 10 years ago involving long-departed former
`
`employees, and therefore denies them.
`
`o.
`
`With respect to Paragraph 31, Globus admits that Chad Glerum is an
`
`engineer who worked on a project that led to the CALIBER product
`
`starting in early 2009 and Mark Weiman is an engineer who worked on a
`
`project that led to the RISE product starting in early 2009. The
`
`remainder of Paragraph 31 purports to characterize the Asserted Patents,
`
`which are documents that speak for themselves, and therefore no
`
`response is required. To the extent the remainder of Paragraph 31
`
`10
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 12 of 25 PageID #: 2941
`
`contains any factual allegations, they are denied.
`
`p.
`
`With respect to Paragraph 31, Globus admits that Mr. Glerum received a
`
`prototype when he began working on the CALIBER product and that the
`
`design team for the CALIBER product included surgeons. Globus is
`
`without knowledge or information sufficient to form a belief as to the
`
`truth of the remaining allegations in Paragraph 31, which concern
`
`alleged events and communications from over 10 years ago, and
`
`therefore denies them.
`
`q.
`
`With respect to Paragraph 33, Globus admits that Mr. Weiman was
`
`aware of Mr. Glerum’s work on the project that led to the CALIBER
`
`product including the use of ramps for expansion. Globus admits that it
`
`contends the RISE product practices the ’731 Patent. Otherwise, denied.
`
`r.
`
`With respect to Paragraph 34, Globus admits that, to the extent it
`
`understands the identity of the materials that Life Spine calls the
`
`“Bianco Disclosure,” “Lee Prototype,” or “Dwyer Drawings,” these
`
`materials were not provided to the PTO as they do not constitute prior
`
`art for the ’731 Family Patents that would be subject to disclosure. As
`
`Globus does not understand what Life Spine’s vague allegations
`
`concerning “the contributions of various consultant surgeons” refer to,
`
`and therefore does not have knowledge or information sufficient to form
`
`a belief as to their truth, they are denied. The remainder of Paragraph 34
`
`states legal conclusions to which no response is required. To the extent
`
`the remainder of Paragraph 34 contains any factual allegations, they are
`
`11
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 13 of 25 PageID #: 2942
`
`denied.
`
`s.
`
`The first sentence of Paragraph 35 states legal conclusions to which no
`
`response is required. To the extent the first sentence of Paragraph 35
`
`contains any factual allegations, they are denied. The second sentence of
`
`Paragraph 35 purports to characterize documents contained in the
`
`official file wrappers of the ’731 and ’732 Patents, which speak for
`
`themselves, and therefore no response is required. To the extent
`
`Paragraph 35 contains any factual allegations inconsistent with these
`
`documents, they are denied.
`
`t.
`
`The first sentence of Paragraph 36 states legal conclusions to which no
`
`response is required. To the extent the first sentence of Paragraph 36
`
`contains any factual allegations, they are denied. The second sentence of
`
`Paragraph 36 purports to characterize a document contained in the
`
`official file wrapper of the ’731 Patent, which speaks for itself, and
`
`therefore no response is required. To the extent Paragraph 36 contains
`
`any factual allegations inconsistent with the document, they are denied.
`
`u.
`
`The first sentence of Paragraph 37 purports to characterize U.S. Patent
`
`Application Publication No. 2008/0140207, which speaks for itself, and
`
`therefore no response is required. To the extent the first sentence of
`
`Paragraph 37 contains any factual allegations, they are denied. The
`
`second sentence of Paragraph 37 purports to characterize documents
`
`contained in the official file wrapper of the ’731 Patent, which speaks
`
`for itself, and therefore no response is required. To the extent Paragraph
`
`12
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 14 of 25 PageID #: 2943
`
`37 contains any factual allegations inconsistent with these documents,
`
`they are denied.
`
`v.
`
`Globus admits that Bala Sundararajan was involved in the prosecution of
`
`the applications that led to the ’731 Patent and ’732 Patent and holds a
`
`degree in Biomedical Engineering. Globus further admits the allegations
`
`concerning Mr. Glerum’s and Mr. Weiman’s degrees and start dates for
`
`their employment at Globus. Globus admits that the Olmos Application
`
`was known to Globus but denies any characterization of its teachings
`
`inconsistent with the document, which speaks for itself. Globus denies
`
`the remaining allegations in Paragraph 38.
`
`w.
`
`Paragraph 39 states legal conclusions to which no response is required.
`
`To the extent Paragraph 39 contains any factual allegations, they are
`
`denied.
`
`x.
`
`Paragraph 40 states legal conclusions to which no response is required.
`
`To the extent Paragraph 40 contains any factual allegations, they are
`
`denied.
`
`y.
`
`Paragraph 41 states legal conclusions to which no response is required.
`
`To the extent Paragraph 41 contains any factual allegations, they are
`
`denied.
`
`z.
`
`Paragraph 42 states legal conclusions to which no response is required.
`
`To the extent Paragraph 42 contains any factual allegations, they are
`
`denied.
`
`58.
`
`The first sentence of Paragraph 58 states legal conclusions to which no response
`
`13
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 15 of 25 PageID #: 2944
`
`is required. To the extent the first sentence of Paragraph 58 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 58 “incorporates by reference the facts stated
`
`above in support of Life Spine’s THIRTEENTH DEFENSE as if fully set forth herein,” Globus
`
`responds as follows to Paragraph 43 of Life Spine’s Affirmative Defenses (D.I. 106 at 32).
`
`a.
`
`The first sentence of Paragraph 43 states legal conclusions to which no
`
`response is required. To the extent the first sentence of Paragraph 43
`
`contains any factual allegations, they are denied.
`
`b.
`
`As the second sentence of Paragraph 43 “incorporates by reference the
`
`facts stated above in support of Life Spine’s TWELFTH DEFENSE as if
`
`fully set forth herein,” Globus incorporates its above responses to
`
`Paragraphs 17 through 42 of Life Spine’s Affirmative Defenses (D.I. 106
`
`at 26-32) as if fully stated herein.
`
`59.
`
`Paragraph 59 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 59 contains any
`
`factual allegations, they are denied.
`
`TENTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’732 PATENT
`
`60.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 60 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`61.
`
`Paragraph 61 states legal conclusions to which no response is required. To the
`
`extent Paragraph 61 contains any factual allegations, they are denied.
`
`62.
`
`The first sentence of Paragraph 62 states legal conclusions to which no response
`
`is required. To the extent the first sentence of Paragraph 62 contains any factual allegations, they
`
`14
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 16 of 25 PageID #: 2945
`
`are denied. As the second sentence of Paragraph 62 “incorporates by reference the facts stated
`
`above in support of Life Spine’s TWELFTH DEFENSE as if fully set forth herein,” Globus
`
`incorporates its above responses to Paragraphs 17 through 42 of Life Spine’s Affirmative
`
`Defenses (D.I. 106 at 26-32) as if fully stated herein.
`
`63.
`
`The first sentence of Paragraph 63 states legal conclusions to which no response
`
`is required. To the extent the first sentence of Paragraph 63 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 63 “incorporates by reference the facts stated
`
`above in support of Life Spine’s THIRTEENTH DEFENSE as if fully set forth herein,” Globus
`
`incorporates its above responses to Paragraph 43 of Life Spine’s Affirmative Defenses (D.I. 106
`
`at 32) as if fully stated herein.
`
`64.
`
`Paragraph 64 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 64 contains any
`
`factual allegations, they are denied.
`
`ELEVENTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’739 PATENT
`
`65.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 65 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`66.
`
`Paragraph 66 states legal conclusions to which no response is required. To the
`
`extent Paragraph 66 contains any factual allegations, they are denied.
`
`67.
`
`Paragraph 67 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 67 contains any
`
`factual allegations, they are denied.
`
`
`
`15
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 17 of 25 PageID #: 2946
`
`TWELFTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’087 PATENT
`
`68.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 68. To the extent a response is required,
`
`Globus incorporates its responses to each and every allegation set forth above in these
`
`Counterclaims as if fully stated herein. To the extent Paragraph 68 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`69.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 69, which, in any event, states legal
`
`conclusions to which no response is required. To the extent a response is required, denied.
`
`70.
`
`As Globus no longer asserts that Life Spine infringes the ’087 Patent, the Court
`
`lacks subject matter jurisdiction over Life Spine’s counterclaims with respect to that patent, and
`
`no response is required to the allegations in Paragraph 70, which, in any event, states legal
`
`conclusions to which no response is required. To the extent a response is required, denied.
`
`THIRTEENTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’001 PATENT
`
`71.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 71 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`72.
`
`Paragraph 72 states legal conclusions to which no response is required. To the
`
`extent Paragraph 72 contains any factual allegations, they are denied.
`
`73.
`
`The first sentence of Paragraph 73 states legal conclusions to which no response
`
`16
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 18 of 25 PageID #: 2947
`
`is required. To the extent the first sentence of Paragraph 73 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 73 “incorporates by reference the facts stated
`
`above in support of Life Spine’s TWELFTH DEFENSE as if fully set forth herein,” Globus
`
`incorporates its above responses to Paragraphs 17 through 42 of Life Spine’s Affirmative
`
`Defenses (D.I. 106 at 26-32) as if fully stated herein.
`
`74.
`
`The first sentence of Paragraph 74 states legal conclusions to which no response
`
`is required. To the extent the first sentence of Paragraph 74 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 74 “incorporates by reference the facts stated
`
`above in support of Life Spine’s THIRTEENTH DEFENSE as if fully set forth herein,” Globus
`
`incorporates its above responses to Paragraph 43 of Life Spine’s Affirmative Defenses (D.I. 106
`
`at 32) as if fully stated herein.
`
`75.
`
`Paragraph 75 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 75 contains any
`
`factual allegations, they are denied.
`
`FOURTEENTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’752 PATENT
`
`76.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 76 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`77.
`
`Paragraph 77 states legal conclusions to which no response is required. To the
`
`extent Paragraph 77 contains any factual allegations, they are denied.
`
`78.
`
`Paragraph 78 states legal conclusions to which no response is required. Globus
`
`denies that Life Spine is entitled to the relief requested. To the extent Paragraph 78 contains any
`
`factual allegations, they are denied.
`
`17
`
`

`

`Case 1:21-cv-01445-JPM Document 119 Filed 04/10/23 Page 19 of 25 PageID #: 2948
`
`FIFTEENTH COUNTERCLAIM
`DECLARATION OF INVALIDITY OF THE ’649 PATENT
`
`79.
`
`Globus incorporates its responses to each and every allegation set forth above in
`
`these Counterclaims as if fully stated herein. To the extent Paragraph 79 repeats and alleges the
`
`“responses” in Life Spine’s Answer and Affirmative Defenses, no response is required.
`
`80.
`
`Paragraph 80 states legal conclusions to which no response is required. To the
`
`extent Paragraph 80 contains any factual allegations, they are denied.
`
`81.
`
`The first sentence of Paragraph 81 states legal conclusions to which no response
`
`is required. To the extent the first sentence of Paragraph 81 contains any factual allegations, they
`
`are denied. As the second sentence of Paragraph 81 “incorporates by reference the facts stated
`
`above in support of Life Spine’s TWELFTH DEFENSE as if fully set forth herein,” Globus
`
`incorporates its above responses to Paragraphs 17 through 42 of Life Spine’s Affirmative
`
`Defenses (D.I. 106 at 26-32) as if fully stated herein.
`
`82.
`
`The first sentence of Paragraph 8