`
`EXHIBIT 55A
`
`TO DECLARATION OF WENDY L. DEVINE
`IN SUPPORT OF NUVASIVE, INC.’S
`OPPOSITION TO DEFENDANTS’ MOTION
`FOR SUMMARY JUDGMENT OR, IN THE
`ALTERNATIVE, SUMMARY
`ADJUDICATION
`
`
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 261-3 Filed 02/07/20 PageID.24986 Page 2 of 2
`
`Exhibit 55A: Video, Labeled: Shim – Rearwardly Extending Ridge Structure
`(NUVA_ATEC0332291)
`
`Illustrated Functionality
`Video Time
`0:09 - 0:12 Alphatec asserts that this small protrusion on the detent is the ridge
`structure. Mtn. at 13-16.
`0:14 – 0:31 This entire piece (middle piece of the shim) is the ridge structure as it
`includes the protrusion and the structure that it protrudes from.
`The entirety of the detent flexes to allow the protrusion which enters the
`groove on the retractor blade to engage with, and release from, the
`groove on the blade.
`0:39 – 0:43 The posterior blade contains corresponding grooves along the interior
`face to which the detent releasably engages.
`0:54 – 0:59 The shim inserter which may be used to insert the shim into the posterior
`blade.
`1:00 – 1:10 The entire detent flexes upon being inserted into the shim inserter.
`1:40 – 1:45 The entire detent flexes while being inserted into the posterior blade.
`1:18 – 1:20;
`1:46 – 1:47;
`2:13 – 2:14
`2:00 – 2:03 The posterior retractor blade attaches into the Squadron Lateral Retractor
`Body.
`The shim inserter inserts the shim into the posterior blade while it is
`attached to the Squadron Lateral Retractor Body.
`
`As soon as the protrusion on the ridge structure enters the groove on the
`retractor blade, the detent ceases to flex.
`
`0:28 – 0:31;
`1:33 – 1:35
`
`2:07
`
`EXHIBIT 55A
`PAGE 10
`
`
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