Joint Motion to Dismiss Patent Claims

April 12, 2016 – Plaintiff Flexuspine, Inc. and Defendant Globus Medical, Inc. filed a joint motion to dismiss certain patent claims from the infringement lawsuit. Plaintiff had originally asserted the following patents against Defendant: U.S. Patent Nos. 7,204,853; 7,316714; 7,909,869; 8,123,810; 8,647,386. These patents relate to an expandable intervertebral implant for insertion between vertebrae of a human spine. Under the joint motion, both parties ask the court to dismiss claims and counterclaims relating to Asserted Claim 5 of the ‘853 patent, and all asserted claims the ‘869 & ‘386 patents. The case is pending in the Eastern District of Teas, Tyler Division and captioned Flexuspine, Inc. v. Globus Medical, Inc., 6:15-cv-00201.

By: Una Fan