BONUTTI SKELETAL INNOVATIONS, LLC v. GLOBUS MEDICAL INC.

Filing 42

MEMORANDUM AND ORDER THAT DEFENDANT GLOBUS MEDICAL INC.'S MOTION TO DISMISS CLAIMS OF JOINT, INDIRECT, AND WILLFUL INFRINGEMENT IS GRANTED. PLAINTIFF'S CLAIMS FOR DIRECT METHOD INFRINGEMENT IN COUNTS I AND II ARE DISMISSED WITHOUT PREJUDICE . PLAINTIFF'S CLAIMS FOR INDUCED INFRINGEMENT AND CONTRIBUTORY INFRINGEMENT IN COUNTS I-VI ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF'S CLAIMS FOR WILLFUL INFRINGEMENT IN COUNTS I-VI ARE DISMISSED WITHOUT PREJUDICE. AND PLAINTIFF SHALL BE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT, WHICH SHALL BE FILED NO LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/15/15. 6/16/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BONUTTI SKELETAL INNOVATIONS,
LLC,
Plaintiff,

CIVIL ACTION

v.
NO. 14-6650
GLOBUS MEDICAL INC.,
Defendant.
ORDER
AND NOW, this 15th day of June, 2015, upon consideration of Defendant Globus
Medical Inc.’s Motion to Dismiss Claims of Joint, Indirect, and Willful Infringement, Plaintiff
Bonutti Skeletal Innovations, LLC’s Opposition, and the reply thereto, IT IS ORDERED that:
1.

Defendant’s Motion is GRANTED;

2.

Plaintiff’s claims for direct method infringement in Counts I and II are
DISMISSED WITHOUT PREJUDICE;

3.

Plaintiff’s claims for induced infringement and contributory infringement in
Counts I-VI are DISMISSED WITHOUT PREJUDICE;

4.

Plaintiff’s claims for willful infringement in Counts I-VI are DISMISSED
WITHOUT PREJUDICE; and

5.

Plaintiff shall be granted leave to file a second amended complaint, which shall be
filed no later than fourteen (14) days from the date of this Order.

BY THE COURT:
/S/WENDY BEETLESTONE J.

WENDY BEETLESTONE, J.