Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 1 of 41 PageID #: 2198
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 21-1445 (JPM)
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`JURY TRIAL DEMANDED
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`)))))))))
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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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`LIFE SPINE’S ANSWER, DEFENSES AND COUNTERCLAIMS TO GLOBUS’
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant Life Spine, Inc. (“Life Spine” or “Defendant”) through its counsel, submits its
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`Answer, Defenses, and Counterclaims to the Second Amended Complaint by Plaintiff Globus
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`Medical, Inc. (“Globus” or “Plaintiff”), and responds as follows:
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`GENERAL DENIAL
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`Life Spine denies each and every allegation in Plaintiff’s Second Amended Complaint For
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`Patent Infringement that is not expressly admitted herein, including any allegations contained in
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`any headings and exhibits thereto and not otherwise enumerated. Any factual allegation admitted
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`below is admitted only as to the specific admitted facts, and not as to any purported conclusions,
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`characterizations, or implications that might follow from the admitted facts.
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`NATURE OF THE CASE
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`1.
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`Life Spine admits that Plaintiff purports to allege claims for patent
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`infringement under 35 U.S.C. § 271 et seq., but denies that Life Spine has committed any acts of
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`infringement, and further denies the merits of this action. Except as expressly admitted, Life Spine
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`denies the remaining allegations of this paragraph.
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`1
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`THE PARTIES
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`2.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`3.
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`Life Spine admits that it is a corporation organized under the laws of the
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`State of Delaware with its principal place of business located at 13951 S Quality Drive, Huntley,
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`Illinois 60142. Life Spine denies the remaining allegations of Paragraph 3.
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`JURISDICTION AND VENUE
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`4.
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`Life Spine admits that this Court has jurisdiction over the subject matter of
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`actions brought pursuant to 28 U.S.C. §§ 1331 and 1338(a), but denies that it has committed any
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`acts of patent infringement.
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`5.
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`Life Spine admits that it is a corporation incorporated under the laws of the
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`State of Delaware. Life Spine does not contest that this Court has personal jurisdiction over Life
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`Spine for purposes of this action only.
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`6.
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`Life Spine admits that it is a corporation incorporated under the laws of the
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`State of Delaware. Life Spine does not contest that venue is proper in this judicial district for
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`purposes of this action only.
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`FACTUAL ALLEGATIONS
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`A.
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`The Technology Background
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`7.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`8.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`9.
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`Life Spine admits that intervertebral spacers have been around for decades.
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`This paragraph is also otherwise vague and ambiguous as written, and Life Spine is therefore
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`2
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`without information sufficient to form a belief as to the truth or falsity of the allegations recited
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`therein, and therefore denies them.
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`10.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`11.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`12.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`13.
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`This paragraph is vague and ambiguous as written, and Life Spine is
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`therefore without information sufficient to form a belief as to the truth or falsity of the allegations
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`recited therein, and therefore denies them.
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`14.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`15.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. Life Spine is without knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations of this
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`paragraph, and therefore denies them.
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`16.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. Life Spine is without knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations of this
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`paragraph, and therefore denies them.
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`17.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. Life Spine is without knowledge
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`3
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`or information sufficient to form a belief as to the truth of the remaining allegations of this
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`paragraph, and therefore denies them.
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`18.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. Life Spine is without knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations of this
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`paragraph, and therefore denies them.
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`19.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. This paragraph is also vague and
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`ambiguous as written, and Life Spine is therefore without information sufficient to form a belief
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`as to the truth or falsity of the allegations recited therein, and therefore denies them. Life Spine
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`otherwise denies the allegations of this paragraph.
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`B.
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` The Patents-in-Suit
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`20.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of a written document, that document speaks for itself. This paragraph is also vague and
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`ambiguous as written, and Life Spine is therefore without information sufficient to form a belief
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`as to the truth or falsity of the allegations recited therein, and therefore denies them.
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`21.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`22.
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`Life Spine without knowledge or information sufficient to form a belief as to
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`the truth of the allegations of this paragraph, and therefore denies them. Life Spine further state
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`that to the extent the allegation of this paragraph purport to characterize the contents of a written
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`document, that document speaks for itself.
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`23.
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`Life Spine admits that on its face, the ’731 Patent appears to have been issued
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`by the U.S. Patent and Trademark Office (“PTO”) on September 30, 2014, from application no.
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`4
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`12/875,637 filed on September 3, 2010, that the application was published on March 8, 2012 as US
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`2012/0059470 A1, and that under 35 U.S.C. § 154(b), the term of this patent was extended by 118
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`days. Life Spine admits that what purports to be a copy of the ’731 Patent is attached as Exhibit A
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`to the Second Amended Complaint. Life Spine denies that the ’731 Patent was duly and legally
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`issued by the PTO. Life Spine is without knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations of this paragraph, and therefore denies them.
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`24.
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`Life Spine admits that on its face, the ’732 Patent appears to have been
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`issued by the PTO on September 30, 2014, from application no. 13/531,943 filed on June 25, 2012,
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`which was a continuation-in-part of application no. 12/875,637 filed on September 3, 2010 (which
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`issued as the ’731 Patent), that the application was published on December 27, 2012 as US
`
`2012/0330422 A1, and that under 35 U.S.C. § 154(b), the term of this patent was extended by 53
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`days and is also subject to a terminal disclaimer. Life Spine admits that what purports to be a copy
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`of the ’732 Patent is attached as Exhibit B to the Second Amended Complaint. Life Spine denies
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`that the ’732 Patent was duly and legally issued by the PTO. Life Spine is without knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations of this paragraph,
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`and therefore denies them.
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`25.
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`Life Spine admits that on its face, the ’739 Patent appears to have been
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`issued by the PTO on August 2, 2016, from application no. 14/175,601 filed on February 7, 2014,
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`that the application was published on August 13, 2015 as US 2015/0223945 A1, and under 35
`
`U.S.C. § 154(b), the term of this patent was extended by 51 days. Life Spine admits that what
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`purports to be a copy of the ’739 Patent is attached as Exhibit C to the Second Amended Complaint.
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`Life Spine denies that the ’739 Patent was duly and legally issued by the PTO. Life Spine is
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`5
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`without knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations of this paragraph, and therefore denies them.
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`26.
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`Life Spine admits that on its face, the ’087 Patent appears to have been
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`issued by the PTO on May 1, 2018, from application no. 15/144,054 filed on May 2, 2016, which
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`was a continuation-in-part of application no. 15/097,466 filed on April 13, 2016 (which issued on
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`June 5, 2018 as U.S. Patent No. 9,987,144), which was a continuation-in-part of application no.
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`14/802,229 filed on July 17, 2015 (which issued on July 10, 2018 as U.S. Patent No. 10,016,282),
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`that the application was published on January 19, 2017 as US 2017/0014244 A1, and that under
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`35 U.S.C. § 154(b), the term of this patent was extended by 19 days. Life Spine admits that what
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`purports to be a copy of the ’087 Patent is attached as Exhibit D to the Second Amended Complaint.
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`Life Spine denies that the ’087 Patent was duly and legally issued by the PTO. Life Spine is
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`without knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations of this paragraph, and therefore denies them.
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`27.
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`Life Spine admits that on its face, the ’001 Patent appears to have been
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`issued by the PTO on November 27, 2018, from application no. 14/466,468 filed on August 22,
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`2014, which was a continuation of application no. 13/531,943 filed on June 25, 2012 (which issued
`
`as the ’732 Patent), which was a continuation-in-part of application no. 12/875,637 filed on
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`September 3, 2010 (which issued as the ’731 Patent), that the application was published on April
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`9, 2015 as US 2015/0100123 A1, and that under 35 U.S.C. § 154(b), the term of this patent was
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`extended by 61 days. Life Spine admits that what purports to be a copy of the ’001 Patent is
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`attached as Exhibit E to the Second Amended Complaint. Life Spine denies that the ’001 Patent
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`was duly and legally issued by the PTO. Life Spine is without knowledge or information sufficient
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`6
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`to form a belief as to the truth of the remaining allegations of this paragraph, and therefore denies
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`them.
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`28.
`
`Life Spine admits that on its face, the ’752 Patent appears to have been
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`issued by the PTO on February 23, 2021, from application no. 16/127,395 filed on September 11,
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`2018, which was a continuation of application no. 15/158,829 filed on May 19, 2016 (which issued
`
`on October 16, 2018 as U.S. Patent No. 10,098,759), which was a continuation of application no.
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`14/109,429 filed on December 17, 2013 (which issued on June 21, 2016 as U.S. Patent No.
`
`9,370,434), which was a division of application no. 12/875,818 filed on September 3, 2010 (which
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`issued on January 21, 2014 as U.S. Patent No. 8,632,595), that the application was published on
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`January 3, 2019 as US 2019/0000640 A1, and that under 35 U.S.C. § 154(b), the term of this patent
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`was extended by 14 days. Life Spine admits that what purports to be a copy of the ’752 Patent is
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`attached as Exhibit F to the Second Amended Complaint. Life Spine denies that the ’752 Patent
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`was duly and legally issued by the PTO. Life Spine is without knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations of this paragraph, and therefore denies
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`them.
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`29.
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`Life Spine admits that on its face, the ’649 Patent appears to have been
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`issued by the PTO on April 13, 2021, from application no. 15/386,286 filed on December 21, 2016,
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`which was a continuation of application no. 13/961,603 filed on May 19, 2016 (which issued on
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`February 7, 2017 as U.S. Patent No. 9,561,116), which was a continuation-in-part of application
`
`no. 13/531,844 filed on June 25, 2012 (which issued on October 7, 2014 as U.S. Patent No.
`
`8,852,279), which was a continuation-in-part of application no. 12/875,637 filed on September 3,
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`2010 (which issued as the ’731 Patent), that the application was published on April 13, 2017 as
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`US 2017/0100257 A1, and that under 35 U.S.C. § 154(b), the term of this patent was extended by
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`7
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`17 days. Life Spine admits that what purports to be a copy of the ’649 Patent is attached as Exhibit
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`G to the Second Amended Complaint. Life Spine denies that the ’649 Patent was duly and legally
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`issued by the PTO. Life Spine is without knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations of this paragraph, and therefore denies them.
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`30.
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`Life Spine admits that on its face, the ’128 Patent appears to have been
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`issued by the PTO on July 20, 2021, from application no. 15/962,174 filed on April 25, 2018,
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`which was a continuation of application no. 14/476,439 filed on September 3, 2014 (which issued
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`on May 29, 2018 as U.S. Patent No. 9,980,824), and that the application was published on
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`September 6, 2018 as US 2018/0250142 A1. Life Spine admits that what purports to be a copy of
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`the ’128 Patent is attached as Exhibit H to the Second Amended Complaint. Life Spine denies that
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`the ’128 Patent was duly and legally issued by the PTO. Life Spine is without knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations of this paragraph,
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`and therefore denies them.
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`31.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`32.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the remainder of the allegations of this paragraph, and therefore denies them.
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`C.
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`The Accused Products and Methods
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`33.
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`Life Spine admits that it manufactures and sells expandable implants for
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`spinal fusion surgeries, including under the branding PROLIFT. Except as expressly admitted,
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`Life Spine denies the remaining allegations of this paragraph.
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`34.
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`Life Spine admits that it launched the initial PROLIFT implant in 2016.
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`Life Spine admits the PROLIFT implant is available in at least three different sizes: 8 millimeters
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`8
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`wide, 10 millimeters wide, and 12 millimeters wide. Except as expressly admitted, Life Spine
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`denies the remaining allegations of this paragraph.
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`35.
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`To the extent the allegation of this paragraph purport to characterize the
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`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
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`36.
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`Life Spine admits that it launched the PROLIFT Lateral and PROLIFT
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`Lateral Fixated implants. Life Spine admits that the PROLIFT Lateral and PROLIFT Lateral
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`Fixated implants are sold in various sizes. Except as expressly admitted, Life Spine denies the
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`remaining allegations of this paragraph.
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`37.
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`Life Spine admits that it launched the PROLIFT Lateral Helo. Except as
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`expressly admitted, Life Spine denies the remaining allegations of this paragraph.
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`38.
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`Life Spine admits that it manufactures and sells implants under the branding
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`PROLIFT, PROLIFT Lateral, PROLIFT Lateral Fixated, and PROLIFT Lateral Helo. Except as
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`expressly admitted, Life Spine denies the remaining allegations of this paragraph.
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`39.
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`This paragraph contains conclusions of law and not averments of fact to
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`which an answer is required. The paragraph is also vague and ambiguous, and Life Spine is
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`without information sufficient to form a belief as to the truth or falsity of the allegations, and
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`therefore denies them.
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`40.
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`This paragraph contains conclusions of law and not averments of fact to
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`which an answer is required. The paragraph is also vague and ambiguous, and Life Spine is
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`without information sufficient to form a belief as to the truth or falsity of the allegations, and
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`therefore denies them.
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`9
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`41.
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`This paragraph contains conclusions of law and not averments of fact to
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`which an answer is required. The paragraph is also vague and ambiguous, and Life Spine is
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`without information sufficient to form a belief as to the truth or falsity of the allegations, and
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`therefore denies them.
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`42.
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`Life Spine admits that the ’733 Patent is assigned to Life Spine and that the
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`inventors are listed as Madeline Wolters, Daniel Predick, and Michael S. Butler. Life Spine admits
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`that Mr. Butler is Life Spine’s founder and currently serves as its President and CEO, and that Ms.
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`Wolters is a former Life Spine Engineering Manager. Except as expressly admitted, Life Spine
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`denies the remaining allegations of this paragraph.
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`43.
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`Life Spine admits that the ’733 Patent includes figures. To the extent the
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`allegation of this paragraph purport to characterize the contents of a written document, that
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`document speaks for itself. This paragraph further contains conclusions of law and not averments
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`of fact to which an answer is required. Except as expressly admitted, Life Spine denies the
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`remaining allegations of this paragraph.
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`44.
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`Life Spine admits that the ’718 Patent includes figures, that it is a
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`continuation of the ’733 Patent, and that it lists Mr. Butler and Ms. Wolters as inventors. To the
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`extent the allegation of this paragraph purport to characterize the contents of a written document,
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`that document speaks for itself. This paragraph further contains conclusions of law and not
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`averments of fact to which an answer is required. Except as expressly admitted, Life Spine denies
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`the remaining allegations of this paragraph.
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`45.
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`To the extent the allegation of this paragraph purport to characterize the
`
`contents of a written document, that document speaks for itself. This paragraph further contains
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`10
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`conclusions of law and not averments of fact to which an answer is required. Except as expressly
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`admitted, Life Spine denies the remaining allegations of this paragraph.
`
`46.
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`This paragraph contains conclusions of law and not averments of fact to
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`which an answer is required. The paragraph is also vague and ambiguous, and Life Spine is
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`without information sufficient to form a belief as to the truth or falsity of the allegations, and
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`therefore denies them.
`
`47.
`
`This paragraph contains conclusions of law and not averments of fact to
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`which an answer is required. The paragraph is also vague and ambiguous, and Life Spine is
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`without information sufficient to form a belief as to the truth or falsity of the allegations, and
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`therefore denies them.
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`48.
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`To the extent the allegation of this paragraph purport to characterize the
`
`contents of a written document, that document speaks for itself. This paragraph is also vague and
`
`ambiguous as written, and Life Spine is therefore without information sufficient to form a belief
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`as to the truth or falsity of the allegations recited therein, and therefore denies them.
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`49.
`
`To the extent the allegation of this paragraph purport to characterize the
`
`contents of a written document, that document speaks for itself. Life Spine otherwise denies the
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`allegations of this paragraph.
`
`50.
`
`To the extent the allegation of this paragraph purport to characterize the
`
`contents of a written document, that document speaks for itself. Life Spine otherwise denies the
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`allegations of this paragraph.
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`D.
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`[Alleged] Knowledge of the Patents-in-Suit
`
`51.
`
`To the extent the allegation of this paragraph purport to characterize the
`
`contents of a written document, that document speaks for itself. Life Spine otherwise denies the
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`allegations of this paragraph.
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`11
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`52.
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`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`53.
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`Life Spine admits that it has applied for and received FDA approval to
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`market implants under the branding PROLIFT, PROLIFT Lateral, PROLIFT Lateral Fixated, and
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`PROLIFT Lateral Helo. To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`54.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`55.
`
`Life Spine is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations of this paragraph, and therefore denies them.
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`56.
`
`Life Spine admits that its employees have attended the North American
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`Spine Society (“NASS”) annual conference. This paragraph is otherwise vague and ambiguous as
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`written, and Life Spine is therefore without information sufficient to form a belief as to the truth
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`or falsity of the allegations recited therein, and therefore denies them.
`
`57.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`58.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
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`12
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`59.
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`To the extent the allegations of this paragraph purport to characterize the
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`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`60.
`
`This paragraph is vague and ambiguous as written, and Life Spine is
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`therefore without information sufficient to form a belief as to the truth or falsity of the allegations
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`recited therein, and therefore denies them.
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`61.
`
`Life Spine admits that it is the assignee of U.S. Patent No. 10,383,741 (the
`
`“’741 Patent”). Further, to the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`62.
`
`Life Spine admits that it is the assignee of U.S. Patent No. 11,103,362 (the
`
`“’362 Patent”). Further, to the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`63.
`
`Life Spine admits that it is the assignee of U.S. Patent Application No.
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`17/385,558 (the “’558 Application”), filed on July 26, 2021. Further, to the extent the allegations
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`of this paragraph purport to characterize the contents of written documents, those documents speak
`
`for themselves. Life Spine otherwise denies the allegations of this paragraph.
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`64.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
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`the allegations of this paragraph.
`
`65.
`
`Life Spine admits that it sued a former distributor Aegis Spine, Inc. in 2019.
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`Further, to the extent the allegations of this paragraph purport to characterize the contents of
`
`13
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`written documents, those documents speak for themselves. This paragraph is otherwise vague and
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`ambiguous as written, and Life Spine is therefore without information sufficient to form a belief
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`as to the truth or falsity of the allegations recited therein, and therefore denies them.
`
`66.
`
`This paragraph contains conclusions of law and not averments of fact to
`
`which an answer is required. To the extent the allegations of this paragraph further purport to
`
`characterize the contents of written documents, those documents speak for themselves. Life Spine
`
`otherwise denies the allegations of this paragraph.
`
`67.
`
`68.
`
`Denied.
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`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. This paragraph further
`
`contains conclusions of law and not averments of fact to which an answer is required. Life Spine
`
`otherwise denies the allegations of this paragraph.
`
`69.
`
`Life Spine admits that it promotes its products on the Internet, including on
`
`its company website, YouTube, and Facebook. Life Spine otherwise denies the allegations of this
`
`paragraph.
`
`70.
`
`Life Spine admits that its employees have attended NASS. Further, to the
`
`extent the allegations of this paragraph purport to characterize the contents of written documents,
`
`those documents speak for themselves. Life Spine otherwise denies the allegations of this
`
`paragraph.
`
`71.
`
`Life Spine admits that its products are sold for use in spinal surgeries.
`
`Further, to the extent the allegations of this paragraph purport to characterize the contents of
`
`written documents, those documents speak for themselves. Life Spine otherwise denies the
`
`allegations of this paragraph.
`
`14
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`Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 15 of 41 PageID #: 2212
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`72.
`
`Life Spine admits that it provides marketing and instructional materials for
`
`its products. Life Spine otherwise denies the allegations of this paragraph.
`
`73.
`
`74.
`
`Denied.
`
`This paragraph is vague and ambiguous as written, and Life Spine is
`
`therefore without information sufficient to form a belief as to the truth or falsity of the allegations
`
`recited therein, and therefore denies them.
`
`75.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`76.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`77.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`78.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`79.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`80.
`
`Denied.
`
`15
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`Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 16 of 41 PageID #: 2213
`
`81.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`82.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`83.
`
`To the extent the allegations of this paragraph purport to characterize the
`
`contents of written documents, those documents speak for themselves. Life Spine otherwise denies
`
`the allegations of this paragraph.
`
`84.
`
`85.
`
`Denied.
`
`Life Spine admits that on March 25, 2022, Globus informed Life Spine,
`
`through counsel, of its contention that the Dyna-Link Accused Product infringed the ’128 Patent.
`
`Life Spine further admits that on April 26, 2022, Life Spine received, though counsel, a draft of
`
`this Second Amended Complaint and Exhibit P. Life Spine otherwise denies the allegations of
`
`this paragraph.
`
`COUNT I: [ALLEGED] INFRINGEMENT OF THE ’731 PATENT
`
`86.
`
`Life Spine repeats and incorporates by reference each preceding paragraph
`
`as if fully set forth herein.
`
`87.
`
`88.
`
`Denied.
`
`Life Spine admits that what purports to be a claim chart is attached as
`
`Exhibit I to the Second Amended Complaint. Except as expressly admitted, Life Spine denies the
`
`remaining allegations of this paragraph.
`
`89.
`
`Denied.
`
`16
`
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`Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 17 of 41 PageID #: 2214
`
`90.
`
`91.
`
`92.
`
`93.
`
`94.
`
`95.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`COUNT II: [ALLEGED] INFRINGEMENT OF THE ’732 PATENT
`
`96.
`
`Life Spine repeats and incorporates by reference each preceding paragraph
`
`as if fully set forth herein.
`
`97.
`
`98.
`
`Denied.
`
`Life Spine admits that what purports to be a claim chart is attached as
`
`Exhibit J to the Second Amended Complaint. Except as expressly admitted, Life Spine denies the
`
`remaining allegations of this paragraph.
`
`99.
`
`Denied.
`
`100. Denied.
`
`101. Denied.
`
`102. Denied.
`
`103. Denied.
`
`104. Denied.
`
`105. Denied.
`
`106. Denied.
`
`17
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`Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 18 of 41 PageID #: 2215
`
`COUNT III: [ALLEGED] INFRINGEMENT OF THE ’739 PATENT
`
`107.
`
`Life Spine repeats and incorporates by reference each preceding paragraph
`
`as if fully set forth herein.
`
`108. Denied.
`
`109.
`
`Life Spine admits that what purports to be a claim chart is attached as
`
`Exhibit K to the Second Amended Complaint. Except as expressly admitted, Life Spine denies
`
`the remaining allegations of this paragraph.
`
`110. Denied.
`
`111. Denied.
`
`112. Denied.
`
`113. Denied.
`
`114. Denied.
`
`115. Denied.
`
`116. Denied.
`
`117. Denied.
`
`COUNT IV: [ALLEGED] INFRINGEMENT OF THE ’087 PATENT
`
`118.
`
`Life Spine repeats and incorporates by reference each preceding paragraph
`
`as if fully set forth herein.
`
`119. Denied.
`
`120.
`
`Life Spine admits that what purports to be a claim chart is attached as
`
`Exhibit L to the Second Amended Complaint. Except as expressly admitted, Life Spine denies the
`
`remaining allegations of this paragraph.
`
`121. Denied.
`
`18
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`

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`Case 1:21-cv-01445-JPM Document 93 Filed 02/06/23 Page 19 of 41 PageID #: 2216
`
`122. Denied.
`
`123. Denied.
`
`124. Denied.
`
`125. Denied.
`
`126. Denied.
`
`127. Denied.
`
`128. Denied.
`
`COUNT V: [ALLEGED] INFRINGEMENT OF THE ’001 PATENT
`
`129.
`
`Life Spine repeats and incorporates by reference each preceding paragraph
`
`as if fully set forth herein.
`
`130. Denied.
`
`131.
`
`Life Spine admits that what purports to be a claim chart is attached as
`
`Exhibit M to the Second Amended Complaint. Except as expressly admitted, Life Spine denies
`
`the remaining allegations of this paragraph.
`
`132. Denied.
`
`133. Denied.
`
`134. Denied.
`
`135. Denied.
`
`136. De