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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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`Defendant.
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`
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`C.A. No. 21-1445 (JPM)
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`STIPULATION AND [PROPOSED] ORDER FOR STAY
`
`WHEREAS, Plaintiff filed the above-captioned matter on October 13, 2021, asserting
`
`infringement by Defendant of U.S. Patent Nos. 8,845,731, 8,845,732, 10,137,001, 10,973,649,
`
`10,925,752, 9,402,739, and 9,956,087 (collectively, “the Patents-in-Suit”)1;
`
`WHEREAS, Defendant filed 8 inter partes review (“IPR”) petitions in September and
`
`October of 2022, challenging all asserted claims of the Patents-in-Suit (see IPR2022-01434,
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`IPR2022-01435, IPR2022-01601, IPR2022-01602, IPR2023-00041, IPR2022-01599, IPR2022-
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`01600, and IPR2022-01603) (collectively, the “IPRs”);
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`WHEREAS, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and
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`Trademark Office instituted IPR2022-01434 on March 24, 2023, with respect to the asserted
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`claims of U.S. Patent. No. 8,845,731;
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`WHEREAS, the PTAB instituted IPR2022-01435 on April 19, 2023, with respect to the
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`asserted claims of U.S. Patent. No. 10,137,001;
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`1 On May 10, 2022, Plaintiff filed its Second Amended Complaint wherein Plaintiff further
`asserted infringement by Defendant of U.S. Patent No. 11,065,128. The parties, however, agree
`that the ’128 patent, directed to non-expandable implants, has little impact on the parties’ ability
`to resolve this dispute. See D.I. 86 at 2.
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`09505-00012/14047894.2
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`
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`Case 1:21-cv-01445-JPM Document 127 Filed 04/27/23 Page 2 of 3 PageID #: 3524
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`WHEREAS, the PTAB instituted IPR2022-01599 on April 20, 2023, with respect to the
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`asserted claims of U.S. Patent. No. 8,845,732;
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`WHEREAS, the PTAB denied institution of IPR2022-01601 on April 18, 2023 with
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`respect to the asserted claims of U.S. Patent No. 10,925,752;
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`WHEREAS, PTAB institution decisions are expected by June 22, 2023 in pending
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`IPR2022-01600, IPR2022-01603, and IPR2022-01602 concerning U.S. Patent Nos. 10,973,649,
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`9,402,739, and 9,956,087, respectively;
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`WHEREAS, the parties have conferred and agree that a stay of this action in its entirety
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`until all of the IPRs have been resolved or otherwise terminated is in the best interest of the parties
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`and promotes judicial economy;
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`NOW, THEREFORE, IT IS HEREBY STIPULATED by the parties, subject to the
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`approval of the Court, that:
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`1.
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`The above-captioned matter is stayed until such time as the PTAB has issued a final
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`written decision in or otherwise terminated each of IPR2022-01434, IPR2022-01435, and
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`IPR2022-01599, and has declined to institute, issued a final written decision in, or otherwise
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`terminated each of IPR2022-01600, IPR2022-01601, IPR2022-01603, and IPR2022-01602.
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`2.
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`Upon resolution or termination of the last of the IPR proceedings as described in
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`Paragraph 1 above, the parties shall meet and confer about whether the stay should be continued
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`through any appeals. Within 30 days after the last of the IPR proceedings has been resolved or
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`otherwise terminated, the parties shall submit a joint status report, with their respective proposals
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`as to whether the stay should be continued through any appeals, and/or as to any other next steps
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`in this Court.
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`3.
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`All existing case deadlines are hereby vacated.
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`2
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`Case 1:21-cv-01445-JPM Document 127 Filed 04/27/23 Page 3 of 3 PageID #: 3525
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`*
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`*
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`*
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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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`April 27, 2023
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`SO ORDERED this _____ day of ___________________, 2023.
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`___________________________
`United States District Court Judge
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`3
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