`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GLOBUS MEDICAL, INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`LIFE SPINE, INC.,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. 21-1445 (JPM)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`STIPULATION AND [PROPOSED] ORDER
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that
`
`Plaintiff Globus Medical, Inc. (“Globus”) may file a Second Amended Complaint, with consent of
`
`Defendant Life Spine, Inc. (“Life Spine”) pursuant to Federal Rule of Civil Procedure 15(a)(2)
`
`and in accordance with the Court’s Scheduling Order dated March 24, 2022 (D.I. 27).
`
`The parties further stipulate, subject to the approval of the Court, that the schedule in this
`
`action, as reflected in the Scheduling Order, shall be modified as follows, on account of Globus’s
`
`addition of allegations of infringement of U.S. Patent No. 11,065,128 (the “’128 Patent”), in the
`
`Second Amended Complaint:
`
`Event
`
`Current Deadline
`
`Initial Infringement Contentions (7 Patents in
`Original Complaint)
`Motions To Join Parties
`Motions To Amend Pleadings
`Initial Disclosures re ’128 Patent
`
`May 6, 2022
`
`May 16, 2022
`May 16, 2022
`N/A
`
`Response to Amended Complaint
`
`N/A
`
`Initial Infringement Contentions re ’128 Patent N/A
`Initial Invalidity And Unenforceability
`July 8, 2022
`Contentions (7 Patents in Original Complaint)
`
`Revised Proposed
`Deadline
`No change
`
`No change
`No change
`3 weeks from filing
`of Amend. Compl.
`3 weeks from filing
`of Amend. Compl.
`June 13, 2022
`No change
`
`
`
`
`
`Case 1:21-cv-01445-JPM Document 39 Filed 05/06/22 Page 2 of 2 PageID #: 1184
`
`Event
`
`Current Deadline
`
`N/A
`
`Revised Proposed
`Deadline
`August 5, 2022
`
`Initial Invalidity And Unenforceability
`Contention re ‘128 Patent
`Preliminary Identification Of Claim Terms To
`Be Construed
`Final Identification Of Claim Terms To Be
`Construed
`Preliminary Claim Constructions And
`Supporting Materials
`Initial Expert Claim Construction Reports
`Rebuttal Expert Claim Construction Reports
`Completion Of Expert Claim Construction
`Discovery
`Exchange Final Claim Constructions
`Opening Claim Construction Briefs
`Responsive Claim Construction Briefs
`Joint Claim Construction And Prehearing
`Statement
`Alternative Dispute Resolution
`Claim Construction Hearing And Technology
`Tutorial
`
`
`WEIR GREENBLATT PIERCE LLP
`
`
`
`
`/s/ Jeffrey S. Cianciulli
`Jeffrey S. Cianciulli, Esq. (No. 4369)
`824 Market Street, Suite 800
`Wilmington, DE 19801
`(302) 652-8181
`jcianciulli@wgpllp.com
`
`Attorney for Plaintiff
`
`
`
`
`July 15, 2022
`
`August 12, 2022
`
`July 22, 2022
`
`August 19, 2022
`
`August 5, 2022
`
`September 2, 2022
`
`August 19, 2022
`September 1, 2022
`September 16, 2022
`
`September 16, 2022
`September 29, 2022
`October 14, 2022
`
`September 23, 2022
`October 7, 2022
`November 11, 2022
`November 18, 2022
`
`October 21, 2022
`November 4, 2022
`December 9, 2022
`December 16, 2022
`
`TBD
`December 16, 2022
`
`No change
`January 13, 2023
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`
`/s/ Jennifer Ying
`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
`
`Attorneys for Defendant
`
`
`
`
`
`
`
`
`
`SO ORDERED this ____ day of May, 2022.
`
`______________________________________________
` United States District Court Judge
`
`2
`
`
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