throbber
Case 1:21-cv-01445-JPM Document 99 Filed 03/03/23 Page 1 of 3 PageID #: 2289
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`GLOBUS MEDICAL, INC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`LIFE SPINE, INC.,
`
`
`
`
`
`
`C.A. No. 21-1445 (JPM)
`
`
`
`)))))))))
`
`
`
`Defendant.
`
`
`STIPULATION AND [PROPOSED] ORDER
`TO AMEND THE SCHEDULING ORDER
`
`WHEREAS, on February 24, 2023, the Court entered an Amended Scheduling Order (the
`
`“Scheduling Order”) governing the remaining deadlines and trial date in the above-captioned
`
`matter (D.I. 96);
`
`WHEREAS, prior to the Court entering the February 24, 2023 Scheduling Order, the
`
`parties had been negotiating for several weeks a case schedule that would account for preexisting
`
`trial and counsel conflicts and the amount of discovery that still needs to be completed;
`
`WHEREAS the parties have agreed upon a revised schedule for the remainder of the
`
`case;1
`
`THE PARTIES HEREBY STIPULATE AND AGREE, subject to the approval of the
`
`Court, to amend the Scheduling Order as Follows:
`
`Event
`Plaintiff’s Final Infringement
`Contentions
`Defendant’s Final Invalidity and
`Non-Infringement Contentions
`
`Current Deadline
`March 20, 2023
`
`Proposed New Deadline
`March 20, 2023 (no change)
`
`March 20, 2023
`
`April 10, 2023
`
`
`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.
`
`
`
`

`

`Case 1:21-cv-01445-JPM Document 99 Filed 03/03/23 Page 2 of 3 PageID #: 2290
`
`
`
`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
`
`April 5, 2023
`May 5, 2023
`
`June 5, 2023
`
`Proposed New Deadline
`April 5, 2023
`May 10, 2023
`May 2, 2023
`
`June 13, 2023
`July 11, 2023
`
`August 8, 2023
`
`n/a – parties may seek leave to
`serve reply expert witness
`disclosures for good cause
`shown
`August 29, 2023
`September 15, 2023
`
`October 13, 2023
`
`November 3, 2023
`
`TBD (at the convenience of
`the Court)
`November 17, 2023
`
`n/a
`
`July 15, 2023
`July 29, 2023
`
`
`
`
`
`
`
`October 19, 2023
`
`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)
`
`Trial
`
`December 20, 2023 (or at the
`convenience of the Court)
`
`January 29, 2024 (or at the
`convenience of the Court)
`
`November 9, 2023 at
`10:00 a.m. CT /11:00
`a.m. ET
`December 4, 2023
`(tentative - may be
`adjusted following status
`conference)
`
`
`- 2 -
`
`

`

`Case 1:21-cv-01445-JPM Document 99 Filed 03/03/23 Page 3 of 3 PageID #: 2291
`
`
`
`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
`
`Attorneys for Plaintiff
`
`
`
`
`
`
`
`
`Dated: March 3, 2023
`
`
`
`SO ORDERED this ________ day of
`
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_________________________________________
`JON P. McCALLA
`UNITED STATES DISTRICT JUDGE
`
`- 3 -
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket