`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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` Case No. 1:21-cv-01445-JPM
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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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`ORDER STAYING CASE
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`Before the Court is the Parties’ Joint Stipulation for Stay, filed on April 27, 2023. (ECF
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`No. 127.) Defendant filed eight Inter partes review (“IPR”) petitions against seven of the eight
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`asserted patents.1 (Id. at PageID 3523.) The Patent Trial and Appeal Board (“PTAB”) has
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`instituted IPR on three of the eight asserted patents, denied institution of IPR on one of the
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`patents, with additional institution decisions still pending.2 The below table summarizes the
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`current IPR status of all asserted Patents:
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`
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`1 Defendant filed two IPR petitions with respect to U.S. Patent No. 8,845,732 (“the ‘732 Patent”) (IPR2022-
`01599; IPR2023-00041). (ECF No. 114 at PageID 2450.)
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` IPRs have been granted institution with respect to US Patent No. 8,845,731 (“the ‘731 Patent”) (IPR2022-
`01434), U.S. Patent No. 8,845,732 (“the ‘732 Patent”) (IPR2022-01599), and U.S. Patent No. 10,137,001 (“the
`‘001 Patent”) (IPR2022-01435). (ECF No. 127 at PageID 3523–24.) IPRs have been denied institution with
`respect to U.S. Patent No. 10,925,752 (“the ‘752 Patent”) (IPR2022-01601) and the ‘732 Patent (IPR2023-
`00041). (Id.) IPR petitions are still pending with respect to U.S. Patent No. 10,973,649 (“the ‘649 Patent”)
`(IPR2022-01600), U.S. Patent No. 9,402,739 (“the ‘739 Patent”) (IPR2022-01603), and U.S. Patent No.
`9,956,087 (“the ‘087 Patent”) (IPR2022-01602), with an institution decision expected by June 22, 2023. (Id. at
`PageID 3524.) An IPR petition has not been filed with respect to U.S. Patent No. 11,065,128 (“the ‘128
`Patent”). (Id. at PageID 3524 n.1.)
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` 2
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`
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`Case 1:21-cv-01445-JPM Document 128 Filed 04/28/23 Page 2 of 3 PageID #: 3527
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`Patent
`8,845,731
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`8,845,732
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`10,137,001
`10,925,752
`10,973,649
`9,402,739
`9,956,087
`11,065,128
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`IPR
`IPR2022-01434
`IPR2022-01599
`IPR2023-00041
`IPR2022-01435
`IPR2022-01601
`IPR2022-01600
`IPR2022-01603
`IPR2022-01602
`None
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`Status
`Institution Granted
`Institution Granted
`Institution Denied
`Institution Granted
`Institution Denied
`Pending
`Pending
`Pending
`N/A
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`Date Institution
`Granted/Denied
`March 24, 2023
`April 20, 2023
`April 20, 2023
`April 19, 2023
`April 18, 2023
`Expected June 22, 2023
`Expected June 22, 2023
`Expected June 22, 2023
`N/A
`
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`(ECF No. 114 at PageID 2450; ECF No. 127; Life Spine, Inc. v. Globus Medical, Inc., IPR2023-
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`00041, Paper No. 10 (PTAB Apr. 20, 2023).)
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`The Parties agree that “a stay of this action in its entirety until all of the IPRs have been
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`resolved or otherwise terminated is in the best interest of the parties and promotes judicial
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`economy.” (ECF No. 127 at PageID 3524.) The Motion is GRANTED. The following is
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`ORDERED:
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`1. The above-captioned matter is stayed until such time as the Patent Trial and Appeal
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`Board (“PTAB”) has issued a final written decision in or otherwise terminated each of
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`IPR2022-01434, IPR2022-01435, and IPR2022-01599, and has declined to institute,
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`issued a final written decision in, or otherwise terminated each of IPR2022-01600,
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`IPR2022-01602, and IPR2022-01603,
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`2. 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
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`continued through any appeals. Within 30 days after the last of the IPR proceedings has
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`been resolved or otherwise terminated, the Parties shall submit a joint status report, with
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`2
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`Case 1:21-cv-01445-JPM Document 128 Filed 04/28/23 Page 3 of 3 PageID #: 3528
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`their respective proposals as to whether the stay should be continued through any
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`appeals, and/or as to any other next steps in this Court,
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`3. All existing case deadlines are hereby vacated,
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`4. The Parties shall promptly advise the Court upon disposition of each of the pending
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`IPRs (IPR2022-01600, IPR2022-01603, and IPR2022-01602), and
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`5. Defendant’s Motion to Stay Pending Inter Partes Review (ECF No. 113), filed on April
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`4, 2023, is DENIED AS MOOT.
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`SO ORDERED, this 28th day of April, 2023.
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`s/ Jon P. McCalla
` JON P. McCALLA
` UNITED STATES DISTRICT JUDGE
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`3
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`
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