Case 3:18-cv-00347-CAB-MDD Document 253-3 Filed 01/18/20 PageID.22426 Page 1 of 3
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`EXHIBIT 3
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`TO THE DECLARATION OF BRIAN J. NISBET
`IN SUPPORT OF DEFENDANTS’ MOTION
`FOR SUMMARY JUDGMENT OR, IN THE
`ALTERNATIVE, SUMMARY ADJUDICATION
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`Case 3:18-cv-00347-CAB-MDD Document 253-3 Filed 01/18/20 PageID.22427 Page 2 of 3
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`Message
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`From:
`Sent:
`To:
`CC:
`Subject:
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`Sean Freeman [sfreeman@nuvasive.com]
`10/3/2017 8:10:01 AM
`Paul McClintock [PMcClintock@nuvasive.com]
`Matt Link [mlink@nuvasive.com]
`Re: Alphatec Thoughts/Inputs for our 10am meeting in the War Room
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`It's obvious but worth saying to surgeons - beyond the pure $$s available to engage surgeon relationships, the
`size of our channel sales speaks to surgeons needing 9x the royalty to make up for the gap.
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`On Oct 3, 2017, at 8:05 AM, Paul McClintock <PMcClintock(al,nuvasive.com> wrote:
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`Agree. Lots of calls and I'm doing regional leadership only calls today and stressing they be world class
`messengers to their teams.
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`Carpe Diem,
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`Paul McClintock
`President, U.S. Commercial
`NuVasive, Inc.
`C: 310.963.6328
`pmcclintock(a)nuvasi ve. com
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`Sent From My iPhone
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`- SF
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`On Oct 3, 2017, at 7:24 AM, Greg Lucier <glucier@.nuvasive.com> wrote:
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`USA Salesforce
`Consider holding a 'squawk box' like call to provide context and talking points on the Pat Miles/Alphatec
`News. Here is my input to that information:
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`-NuVasive treated Pat incredibly generously and graciously to honor his contributions these past years,
`including nominating him to the Board of Directors of the Company. In discussions between Pat and his fellow
`directors he would consistently state- "I bleed purple" and "/ would never compete against the very
`organization I spent so much of my life building". Because of those words, the company/the directors trusted
`him with the most sensitive, confidential information about your company.
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`Through this last year as Pat decided he wanted to take a more active role in leading a company, Lucier, Leddy,
`and many other directors helped open doors for Pat to search firms, to private equity firms doing buy-outs, etc.
`so that he could find his next challenge. Regrettably, the feedback from those interviews and encounters was
`that while they acknowledged his technical chops and accomplishments in spine, he also demonstrated a
`tendency to build fiefdoms, possessed limited strategic skills, and had poor communication capabilities.
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`In parallel with this, Alphatec continued to be in turmoil. They removed their previous CEO, installed Terry
`Ridge, a person known to many at NUVA, but continued to spiral downward, mostly relying on POD like
`relationships to sustain themselves. Alphatec, controlled by hedge fund, Healthpoint, was desperate for anything
`to unlock their substantial sunk investment in this vehicle. And so, they hope by hiring Pat, and having him
`trade off his relationships in the business, they can move the stock and then unload their stake. It's that simple.
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`Highly Confidential - Outside Attorney's Eyes Only
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`NUVA_ATEC0318499
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`

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`Case 3:18-cv-00347-CAB-MDD Document 253-3 Filed 01/18/20 PageID.22428 Page 3 of 3
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`The origin of the word 'rationalize' very purposely has the essence of the word 'lie' within. Pat's rationalization
`for his behavior for going to Alphatec this past weekend was that NUVA was 'his company' (His words(cid:173)
`seriously) and that he should have been made CEO of the Company once Alex was fired. And so, this is what
`everyone gets for not giving him what he wanted. You can be the judge of that rationale. Humbly, our company
`should be based on great people that live to a higher code-one where their words mean something. It is their
`bond. Sadly, that is clearly not the case here.
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`Moving forward, the very challenges all of you felt in the field-broken promises to surgeons, missing
`technology trends (expandables), are the very ones that Matt Link is working feverishly to rectify. We've lost
`some time these past few years between Pat, then Jason and the drama surrounding them. This company once
`and for all has to be move beyond the cult following of a 'me' and move to the strength of a 'we'. Through
`team-work, through interpedence we can be unstoppable. I ask of that from each of you now.
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`I realize this will be a distraction, but with focus it is only that and temporary. Here are the facts:
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`NUVA Alphatec
`Sales $250M/qtr $27M/qtr
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`R&D $ $13M/qtr $1M/qtr
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`We are I OX bigger than them, and we will take them on like we do all our competitors. (YOURS TO FINISH
`with USA action plan)
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`Surgeon Relationships
`Alphatec doesn't have the$ to match NUVA and what we can do with engagements. Still, they the amorphous
`promise of the future and royalties. But ifwe know an11hing about Pat, it is that he can talk a good game, but
`will take some time to execute any agreements. And so, we've got to use speed to our advantage to lock down
`as many of our surgeons as possible. Let's set a goal for T-Giving, everything is done-including Haid and
`Shaffery (we will sign those this year, and figure out with Jeremy how to make the expense 2018).
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`Further, let's find a new way to really engage these guys regularly and more intimately. John, please get with
`Johnson and let's have the prototype surgeon portal up and running by T-Giving as well. This should be your
`way of really changing how surgeons feel about NUV A-daily/weekly/monthly.
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`Shareowners
`Let's talk more at 1 0am .... ran out of time this morning.
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`Greg
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`Gregory T. Lucier
`Chairman & CEO NuVasive, Inc. Speed of Innovation
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`direct. 858.909.1900 • fax. 858.909.2400 mobile. 760.481.5664 email. glucier(@nuvasive,com
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`7475 Lusk Boulevard • San Diego • CA 92121
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`Highly Confidential - Outside Attorney's Eyes Only
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`NUVA_ATEC0318500
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