Case 1:21-cv-01445-JPM Document 27 Filed 03/24/22 Page 1 of 3 PageID #: 1103
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`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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`SCHEDULING ORDER
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`This is an action under United States patent law, 35 U.S.C. § 271 et seq. Plaintiff alleges
`that Defendant’s PROLIFT spinal implants infringe its patents. Plaintiff asserts infringement of
`seven patents. Plaintiff alleges direct infringement, induced infringement, and willful
`infringement. Plaintiff seeks a permanent injunction, compensatory damages, enhanced damages
`for willful infringement, and attorney fees.
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`This Cause was before the Court on March 17, 2022, for a Telephonic Scheduling
`Conference pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rules 16.1 and
`16.2 (differentiated case management). Counsel present for Plaintiff Globus Medical, Inc. were
`Eve Ormerod, Mark Hatch-Miller, and Geng Chen. Jay Jani was also present as general counsel
`for the Plaintiff. Counsel present for Defendant Life Spine, Inc. were Jennifer Ying, Dave Nelson,
`Brianne Straka, and Rajat Khanna. Also present was Heather Glaser, corporate representative for
`Defendant. The transcript of the Rule 16(b) conference establishes a number of undisputed facts,
`as well as documents to be produced and witness identities, plus the scope of Rule 26(a)(1)
`disclosures required.
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`At the Telephonic Scheduling Conference, the following dates were established as the final
`deadlines for:
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`INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1):
`Identification by Plaintiff of Additional Accused Products and Asserted Patents for
`Phase 2 Initial Disclosures: March 25, 2022
`Phase 1 Initial Disclosures: April 7, 2022
`Phase 2 Initial Disclosures (Including Disclosures for Additional Accused Products
`as well as All Additional Rule 26(a)(1) Data and Materials): April 21, 2022
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`PROPOSED PROTECTIVE ORDER: April 1, 2022
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`Case 1:21-cv-01445-JPM Document 27 Filed 03/24/22 Page 2 of 3 PageID #: 1104
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`INITIAL INFRINGEMENT CONTENTIONS: May 6, 2022
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`MOTIONS TO JOIN PARTIES: May 16, 2022 (not anticipated; correct Defendant is before
`the Court)
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`MOTIONS TO AMEND PLEADINGS: May 16, 2022 (may seek leave to amend to add
`additional patents and products)
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`INITIAL INVALIDITY AND UNENFORCEABILITY CONTENTIONS: July 8, 2022
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`PRELIMINARY IDENTIFICATION OF CLAIM TERMS TO BE CONSTRUED: July 15,
`2022
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`FINAL IDENTIFICATION OF CLAIM TERMS TO BE CONSTRUED: July 22, 2022
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`PRELIMINARY CLAIM CONSTRUCTIONS AND SUPPORTING MATERIALS: August
`5, 2022
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`INITIAL EXPERT CLAIM CONSTRUCTION REPORTS: August 19, 2022
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`REBUTTAL EXPERT CLAIM CONSTRUCTION REPORTS: September 1, 2022
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`COMPLETION OF EXPERT CLAIM CONSTRUCTION DISCOVERY: September 16,
`2022
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`EXCHANGE FINAL CLAIM CONSTRUCTIONS: September 23, 2022
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`OPENING CLAIM CONSTRUCTION BRIEFS: October 7, 2022
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`RESPONSIVE CLAIM CONSTRUCTION BRIEFS: November 11, 2022
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT: November 18,
`2022
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`ALTERNATIVE DISPUTE RESOLUTION (not required): TBD
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`CLAIM CONSTRUCTION HEARING AND TECHNOLOGY TUTORIAL: December 16,
`2022
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`OTHER RELEVANT MATTERS:
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`The parties are attempting to negotiate an electronic discovery plan. Absent agreement by
`the parties, the Delaware Default Standard for Discovery, including Discovery of Electronically
`Stored Information will apply.
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`Case 1:21-cv-01445-JPM Document 27 Filed 03/24/22 Page 3 of 3 PageID #: 1105
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`Pursuant to agreement of the parties, if privileged or protected information is inadvertently
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`produced, the producing party may, by timely notice, assert the privilege or protection and obtain
`the return of the materials without waiver.
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`No depositions may be scheduled to occur after the discovery deadline. All discovery
`requests or other discovery-related filings that require a response must be filed sufficiently in
`advance of the discovery deadline to enable the opposing party to respond by the time permitted
`by the Rules prior to that date.
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`Motions to compel discovery are to be filed and served within 45 days of the default or
`service of the response, answer, or objection that is the subject of the motion. However, if such
`default or service occurs within 30 days before the discovery deadline, the motion to compel must
`be filed within 30 days after such default or service
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`Pursuant to Local Rule 7.1.2, all motions, except motions pursuant to Fed. R. Civ. P. 12,
`56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the
`ECF mailbox of the presiding judge.
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`Pursuant to Local Rule 7.1.1, the parties are required to consult prior to filing any motion
`(except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60).
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`The parties do not consent to trial before the Magistrate Judge.
`This order has been entered after consultation with the parties. Absent good cause shown,
`the deadlines set by this order will not be modified or extended.
`This order has been entered after consultation with the parties. Absent good cause shown,
`the deadlines set by this order will not be modified or extended.
`SO ORDERED, this 24th day of March, 2022.
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`/s/ Jon P. McCalla
` JON P. McCALLA
` UNITED STATES DISTRICT JUDGE
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