`
`EXHIBIT I
`TO DASHE DECLARATION
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 296-11 Filed 11/25/20 PageID.26892 Page 2 of 4
`
`
`From: "Nisbet, Brian" <BNisbet@winston.com>
`Date: Tuesday, November 17, 2020 at 10:12 PM
`To: "Tripodi II, Paul" <ptripodi@wsgr.com>, Alphatec Service
`<AlphatecService@winston.com>
`Cc: NuVa-HG <NuVa-HG@hilgersgraben.com>, WSGR - NUVA/ATEC <nuva/atec@wsgr.com>
`Subject: RE: Nuva/ATECIP - Final Invalidity Contentions - Failure to comply with Local Patent
`Rules
`
`[External]
`Paul,
`
`We disagree with your assertion that the local rules require Alphatec to provide charts, but in the
`spirit of compromise, we have provided the information that NuVasive requested at the link below,
`which is representative and exemplary, consistent with information clearly already in NuVasive’s
`possession, and reflects NuVasive’s repeated admission that its own Cement Restrictor XL/PEEK CR-
`XL/PEEK CR-X/CoRoent XL implant is an embodying product and was used and sold prior to March
`29, 2004. Alphatec reserves all rights to pursue its invalidity defenses.
`
` LINK: https://mft.winston.com/?
`ShareToken=A45C634EFACC9DCDEC952ACFA78B04F587634E50
`
`
`PASSWORD: G8nGVkWG
`
`
`
`Thanks,
`
`Brian
`
`
`From: Tripodi II, Paul <ptripodi@wsgr.com>
`Sent: Monday, November 16, 2020 9:45 PM
`To: Alphatec Service <AlphatecService@winston.com>
`Cc: NuVa-HG <NuVa-HG@hilgersgraben.com>; WSGR - NUVA/ATEC <nuva/atec@wsgr.com>
`Subject: Nuva/ATECIP - Final Invalidity Contentions - Failure to comply with Local Patent Rules
`
`Brian,
`
`EXHIBIT I
`PAGE 179
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 296-11 Filed 11/25/20 PageID.26893 Page 3 of 4
`
`
`In connection with its Final Infringement Contentions, Alphatec failed to provide the information
`required under Section 3.3(a) and similarly failed to provide charts for each allegedly invalid claim as
`required under Section 3.3(c) of the Local Patent Rules. Please advise us when we will receive ATEC’s
`updated contentions.
`
`As you know, NuVasive believes that Alphatec is estopped from advancing these invalidity positions
`altogether. It is imperative that NuVasive receive proper notice in the form of detailed contentions
`as required under the LPR as soon as possible.
`
`
`
`Paul D. Tripodi II
`213-344-9071
`
`Sent from a mobile device. Please pardon any inadvertent errors.
`
`This email and any attachments thereto may contain private, confidential, and privileged
`material for the sole use of the intended recipient. Any review, copying, or distribution of this
`email (or any attachments thereto) by others is strictly prohibited. If you are not the intended
`
`EXHIBIT I
`PAGE 180
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 296-11 Filed 11/25/20 PageID.26894 Page 4 of 4
`
`recipient, please contact the sender immediately and permanently delete the original and any
`copies of this email and any attachments thereto.
`
`
`
`The contents of this message may be privileged and confidential. If this message has been received in error, please delete it without
`reading it. Your receipt of this message is not intended to waive any applicable privilege. Please do not disseminate this message without
`the permission of the author. Any tax advice contained in this email was not intended to be used, and cannot be used, by you (or any
`other taxpayer) to avoid penalties under applicable tax laws and regulations.
`
`EXHIBIT I
`PAGE 181
`
`
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