`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`CONFORMIS, INC.,
`
`Plaintiff,
`
`v.
`ZIMMER BIOMET HOLDINGS, INC. and
`ZIMMER, INC.,
`
`CONFORMIS, INC.,
`
`Defendants.
`
`Plaintiff,
`
`v.
`MEDACTA USA, INC., and MEDACTA
`INTERNATIONAL SA,
`Defendants.
`
` C. A. No. 19-1528-RGA (CONSOL.)
`
` C. A. No. 19-1618-RGA
`
`DEFENDANT’S PARTIAL MOTION TO DISMISS
`
`Pursuant to Rule 12 of the Federal Rules of Civil Procedure, defendant Medacta
`
`International SA hereby moves to dismiss the Second Amended Complaint filed by Conformis,
`
`Inc. (D.I. 85) insofar as it relates to claims against Medacta International SA. Dismissal of all
`
`claims against Medacta International SA is proper under Rules 12(b)(2) and 12(b)(5). Dismissal
`
`of the direct infringement and contributory infringement claims against Medacta International SA
`
`is also appropriate under Rule 12(b)(6) because the Complaint fails to state plausible claims for
`
`relief. The reasons for this Motion are set forth in the accompanying brief in support, which is
`
`incorporated herein by reference.
`
`
`
`Case 1:19-cv-01528-RGA Document 107 Filed 01/21/21 Page 2 of 2 PageID #: 9070
`
`Dated: January 21, 2021
`
`
`
` Respectfully submitted,
`
`MORGAN, LEWIS & BOCKIUS LLP
`/s/ Amy M. Dudash
`Amy M. Dudash (DE Bar No. 5741)
`1201 N. Market Street, Suite 2201
`Wilmington, DE 19801
`Telephone: (302) 574-3000
`amy.dudash@morganlewis.com
`
`Attorneys for Defendant Medacta USA, Inc.
`And Medacta International SA
`
`Jason C. White
`Scott D. Sherwin
`Nicholas A. Restauri
`Michael T. Sikora
`77 West Wacker Drive
`Chicago, IL 60601
`Telephone: (312) 324-1000
`jason.white@morganlewis.com
`scott.sherwin@morganlewis.com
`nicholas.restauri@morganlewis.com
`michael.sikora@morganlewis.com
`
`
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