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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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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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`C.A. No. 21-1445 (JPM)
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`)))))))))
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`Defendant.
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`STIPULATION AND [PROPOSED] ORDER
`TO AMEND THE SCHEDULING ORDER
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`WHEREAS, on February 24, 2023, the Court entered an Amended Scheduling Order (the
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`“Scheduling Order”) governing the remaining deadlines and trial date in the above-captioned
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`matter (D.I. 96);
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`WHEREAS, prior to the Court entering the February 24, 2023 Scheduling Order, the
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`parties had been negotiating for several weeks a case schedule that would account for preexisting
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`trial and counsel conflicts and the amount of discovery that still needs to be completed;
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`WHEREAS the parties have agreed upon a revised schedule for the remainder of the
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`case;1
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`THE PARTIES HEREBY STIPULATE AND AGREE, subject to the approval of the
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`Court, to amend the Scheduling Order as Follows:
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`Event
`Plaintiff’s Final Infringement
`Contentions
`Defendant’s Final Invalidity and
`Non-Infringement Contentions
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`Current Deadline
`March 20, 2023
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`Proposed New Deadline
`March 20, 2023 (no change)
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`March 20, 2023
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`April 10, 2023
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`1 In addition, the parties are negotiating a framework for case narrowing that includes a reduction
`in the number of asserted claims/patents and prior art and hope to be able to reach agreement.
`To the extent they are unable to do so, the parties will raise the issue with the Court.
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`Case 1:21-cv-01445-JPM Document 99 Filed 03/03/23 Page 2 of 3 PageID #: 2290
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`Current Deadline
`Event
`April 5, 2023
`Status Conference
`Plaintiff’s Final Validity Contentions April 20, 2023
`Substantial Completion of Document
`n/a
`Production
`Close of Fact Discovery
`Initial Expert Witness Disclosures
`(i.e., opening expert reports)
`Rebuttal Expert Witness Disclosures
`(i.e., rebuttal expert reports)
`Reply Expert Witness Disclosures
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`April 5, 2023
`May 5, 2023
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`June 5, 2023
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`Proposed New Deadline
`April 5, 2023
`May 10, 2023
`May 2, 2023
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`June 13, 2023
`July 11, 2023
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`August 8, 2023
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`n/a – parties may seek leave to
`serve reply expert witness
`disclosures for good cause
`shown
`August 29, 2023
`September 15, 2023
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`October 13, 2023
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`November 3, 2023
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`TBD (at the convenience of
`the Court)
`November 17, 2023
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`n/a
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`July 15, 2023
`July 29, 2023
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`October 19, 2023
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`Close of Expert Discovery
`Summary Judgment/Daubert
`motions and opening briefs
`Summary Judgment/Daubert
`answering briefs
`Summary Judgment/Daubert reply
`briefs
`Hearing on Summary
`Judgment/Daubert motions
`Joint Proposed Pretrial Order,
`Proposed Verdict Form, Proposed
`Jury Instructions, Proposed Voir
`Dire Questions, and Motions in
`Limine
`Pretrial conference (Video)
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`Trial
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`December 20, 2023 (or at the
`convenience of the Court)
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`January 29, 2024 (or at the
`convenience of the Court)
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`November 9, 2023 at
`10:00 a.m. CT /11:00
`a.m. ET
`December 4, 2023
`(tentative - may be
`adjusted following status
`conference)
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`- 2 -
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`Case 1:21-cv-01445-JPM Document 99 Filed 03/03/23 Page 3 of 3 PageID #: 2291
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`
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`WEIR GREENBLATT PIERCE LLP
`
`/s/ Jeffrey S. Cianciulli
`Jeffrey S. Cianciulli (#4369)
`824 Market Street, Suite 800
`Wilmington, DE 19801
`(302) 652-8181
`jcianciulli@wgpllp.com
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`Attorneys for Plaintiff
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`Dated: March 3, 2023
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`SO ORDERED this ________ day of
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/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
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`Attorneys for Defendant
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`, 2023.
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`_________________________________________
`JON P. McCALLA
`UNITED STATES DISTRICT JUDGE
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`- 3 -
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