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Case 1:21-cv-01445-CFC Document 9 Filed 12/06/21 Page 1 of 3 PageID #: 457
`
`Plaintiff,
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`Defendant.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
`GLOBUS MEDICAL, INC.,
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`C.A. No. 21-1445 (CFC)
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`JURY TRIAL DEMANDED
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`v.
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`LIFE SPINE, INC.,
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`DEFENDANT LIFE SPINE, INC.’S MOTION TO DISMISS
`Pursuant to Fed. R. Civ. P. 12(b)(6), Defendant Life Spine, Inc. (“Defendant”)
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`moves to dismiss Plaintiff Globus Medical, Inc.’s Complaint (D.I. 1) for failure to
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`state a claim upon which relief may be granted. The grounds for this motion are set
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`forth in Defendant’s Opening Brief submitted herewith.
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`OF COUNSEL:
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`David A. Nelson
`Brianne Straka
`QUINN EMANUEL
` URQUHART & SULLIVAN, LLP
`191 North Wacker Drive, Suite 2700
`Chicago, IL 60606
`(312) 705-7400
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`
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`December 6, 2021
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`
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`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
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`/s/ Jennifer Ying
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`
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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
`
`Attorneys for Defendant
`
`

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`Case 1:21-cv-01445-CFC Document 9 Filed 12/06/21 Page 2 of 3 PageID #: 458
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`Plaintiff,
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`v.
`
`LIFE SPINE, INC.,
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`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`GLOBUS MEDICAL, INC.,
`
`)
`
`
`)
`C.A. No. 21-1445 (CFC)
`)
`
`)
`JURY TRIAL DEMANDED
`)
`)
`)
`)
`
`Defendant.
`
`[PROPOSED] ORDER GRANTING LIFE SPINE, INC.’S
`MOTION TO DISMISS
`The Court, having considered Defendant Life Spine, Inc.’s Motion to
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`Dismiss and any opposition thereto, and finding good cause being shown therefore,
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`IT IS HEREBY ORDERED, this ____ day of ______________, 202__, that
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`the Motion to Dismiss is granted and Plaintiff’s Claims for Induced Infringement
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`and Enhanced Damages are dismissed.
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`
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`
`
` Chiefl, United States District Judge
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`Case 1:21-cv-01445-CFC Document 9 Filed 12/06/21 Page 3 of 3 PageID #: 459
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 6, 2021, I caused the foregoing to be
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`electronically filed with the Clerk of the Court using CM/ECF, which will send
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`notification of such filing to all registered participants.
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`I further certify that I caused copies of the foregoing document to be served
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`on December 6, 2021, upon the following in the manner indicated:
`
`Neal C. Belgam, Esquire
`Eve H. Ormerod, Esquire
`SMITH, KATZENSTEIN & JENKINS LLP
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Arun S. Subramanian, Esquire
`Jacob Buchdahl, Esquire
`Mark Hatch-Miller, Esquire
`Geng Chen, Esquire
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Attorneys for Plaintiff
`
`John P. Lahad, Esquire
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002-5096
`Attorneys for Plaintiff
`
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`
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Jennifer Ying
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`
`
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`Jennifer Ying (#5550)
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