`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GLOBUS MEDICAL, INC.,
`
`v.
`
`LIFE SPINE, INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`)
`) C.A. No. 21-1445 (JPM)
`)
`) REDACTED - PUBLIC VERSION
`)
`)
`
`DECLARATION OF JONATHON STUDER IN SUPPORT OF
`LIFE SPINE, INC.’S OPENING BRIEF IN SUPPORT OF ITS MOTION FOR A
`STAY PENDING COMPLETION OF INTER PARTES REVIEW
`
`I, Jonathon Studer, declare:
`
`1.
`
`I am an attorney licensed to practice in the State of Illinois and admitted pro hac
`
`vice to practice before this Court. I am an associate attorney with the law firm of Quinn Emanuel
`
`Urquhart & Sullivan LLP, counsel for Defendant Life Spine, Inc. (“Life Spine”) in the above-
`
`captioned matter. I submit this Declaration in support of Life Spine, Inc.’s Opening Brief In
`
`Support Of Its Motion To Stay Pending Inter Partes Review. I have personal knowledge of the
`
`matters set forth in this Declaration. If called upon as a witness, I could competently testify to the
`
`truth of each statement herein.
`
`2.
`
`A true and correct copy of the PTAB’s Institution Decision (March 24, 2023),
`
`IPR2022-01434, Paper 12, is attached as Exhibit 1 hereto.
`
`3.
`
`A true and correct copy of excerpts of the PTAB’s Fiscal Year 2022 End of Year
`
`Outcome Roundup Statistics is attached as Exhibit 2 hereto.
`
`4.
`
`A true and correct copy of Life Spine’s petition for inter partes review of U.S.
`
`Patent No. 8,845,731 in IPR2022-01434 is attached as Exhibit 3 hereto.
`
`Original Filing Date: April 4, 2023
`Redacted Filing Date: April 11, 2023
`
`
`
`Case 1:21-cv-01445-JPM Document 121 Filed 04/11/23 Page 2 of 3 PageID #: 2978
`
`5.
`
`A true and correct copy of excerpts of Globus Medical, Inc.’s initial infringement
`
`contentions (dated April 7, 2022) is attached as Exhibit 4 hereto.
`
`6.
`
`A true and correct copy of excerpts of Globus Medical, Inc.’s supplemental initial
`
`infringement contentions (dated June 13, 2022) is attached as Exhibit 5 hereto.
`
`7.
`
`A true and correct copy of the document produced by Globus in this litigation with
`
`Bates numbers GLOBUS_LS_00014912 through GLOBUS_LS_00014998 is attached as Exhibit
`
`6 hereto.
`
`8.
`
` A true and correct copy of the document produced by Globus in this litigation with
`
`Bates numbers GLOBUS_LS_00014828 through GLOBUS_LS_00014911 is attached as Exhibit
`
`7 hereto.
`
`9.
`
`A true and correct copy of an email dated March 28, 2023 from Mr. Mark Hatch-
`
`Miller to counsel for Life Spine is attached Exhibit 8 hereto.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on April 4, 2023 at Highland Park, Illinois.
`
`/s/ Jonathon Studer
`Jonathon Studer
`
`Attorney for Life Spine
`
`2
`
`
`
`Case 1:21-cv-01445-JPM Document 121 Filed 04/11/23 Page 3 of 3 PageID #: 2979
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 4, 2023, I caused the foregoing to be electronically filed with
`
`the Clerk of the Court using CM/ECF, which will send notification of such filing to all registered
`
`participants.
`
`I further certify that I caused copies of the foregoing document to be served on April 4,
`
`2023, upon the following in the manner indicated:
`
`Jeffrey S. Cianciulli, Esquire
`WEIR GREENBLATT PIERCE LLP
`824 Market Street Mall, Suite 800
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Jacob Buchdahl, Esquire
`Mark Hatch-Miller, Esquire
`Geng Chen, Esquire
`Rodney Polanco, Esquire
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Attorneys for Plaintiff
`
`John P. Lahad, Esquire
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002-5096
`Attorneys for Plaintiff
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`/s/ Jennifer Ying
`
`Jennifer Ying (#5550)
`
`
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