`
`
`
`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)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`Pursuant to the Stipulation and Amended Scheduling Order dated May 6, 2022 (D.I. 40),
`
`the parties hereby submit this Joint Claim Construction and Prehearing Statement.
`
`The parties have agreed on the following constructions:
`
`Claim Term
`
`Relevant Claim(s)
`
`Agreed Construction
`
`actuator assembly comprises
`
`’731 Patent, Claim 14
`
`expansion portion
`
`’752 Patent, Claims 1, 2, 5,
`11, 12, and 15
`
`
`
`“actuator member
`comprises”
`“a portion with an angled
`surface that facilitates
`expansion”
`
`With respect to the sole claim term in dispute, the parties submit the following information:
`
`Claim Term Relevant
`Claim(s)
`
`elongate fin
`
`’128 Patent,
`Claims 1, 16
`
`Defendant’s Proposed
`Construction and
`Supporting Evidence
`“a generally flat protrusion
`extending from the elongate
`shank”
`
`Intrinsic evidence: ’128
`Patent at 2:26-45, 7:62-8:3,
`12:21- 28, 13:53-14:3, 14:4-
`13, 15:31-51, Figures 29-40
`and related discussion.
`
`
`Plaintiff’s Proposed
`Construction and
`Supporting Evidence
`plain and ordinary meaning;
`in the alternative, “a
`protrusion extending from
`the elongate shank”
`
`Intrinsic evidence: ’128
`Patent, Claim 2
`
`
`
`
`
`Case 1:21-cv-01445-JPM Document 86 Filed 12/16/22 Page 2 of 2 PageID #: 2107
`
`
`
`
`
`U.S. Patent Application No.
`15/962,174, November 30,
`2020 Amendment in
`Response to Office Action,
`e.g., at 7.
`
`Extrinsic evidence:
`Definitions of “elongate”
`and “fin” from New Oxford
`Dictionary (3d ed. 2010)
`
`Definitions of “elongate”
`and “fin” from Cambridge
`Advanced Learner’s
`Dictionary (4th ed. 2013)
`
`Definitions of “elongate”
`and “fin” from Chambers
`Dictionary (12th ed. 2011)
`
`
`The parties do not anticipate that the Court’s construction of the sole disputed term would
`
`require the disposition of the case in the favor of either party or be substantially conducive to
`
`promoting settlement. Furthermore, the parties do not anticipate calling any witnesses and estimate
`
`that the claim construction hearing should take no more than one hour.
`
`
`
`
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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@wgllp.com
`
`
`
`
`Attorney for Plaintiff
`
`Dated: December 16, 2022
`
`
`
`
`
`
`
`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
`
`Dated: December 16, 2022
`
`2
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