`
`EXHIBIT 19
`
`EXHIBIT 19 - Page 250
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 300-20 Filed 01/08/21 PageID.27178 Page 2 of 4
`
`Trent Tanner <ttanner@hilgersgraben.com>
`Tuesday, November 10, 2020 6:50 PM
`Nisbet, Brian; Tsukerman, Lev
`Wickramasekera, Nimalka; Alphatec Service; WSGR - NUVA/ATEC; NuVa-HG
`RE: NuVasive v. Alphatec - Tanner letter to Nisbet
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Brian –
`
`At this time, NuVasive has no further information to provide in response to Alphatec’s interrogatories regarding the first
`At this time, NuVasive has no further information to provide in response to Alphatec’s interrogatories regarding the first
`sale, use, etc., of the embodying implants. As NuVasive’s witnesses have made clear in recent depositions, any and all
`sale, use, etc., of the embodying implants. As NuVasive’s witnesses have made clear in recent depositions, any and all
`individuals with personal knowledge regarding NuVasive’s sales of embodying products before March 29, 2004 are no
`individuals with personal knowledge regarding NuVasive’s sales of embodying products before March 29, 2004 are no
`longer with NuVasive. Therefore, NuVasive has no corporate knowledge of these issues beyond the documents we have
`longer with NuVasive. Therefore, NuVasive has no corporate knowledge of these issues beyond the documents we have
`already produced and pointed you to pursuant to FRCP 33(d).
`already produced and pointed you to pursuant to FRCP 33(d).
`
`Trent Tanner
`Hilgers Graben PLLC
`Direct: (402) 260-1391
`Cell: (480) 334-7296
`
`From: Nisbet, Brian <BNisbet@winston.com>
`Sent: Tuesday, November 10, 2020 2:40 PM
`To: Tsukerman, Lev <LTsukerman@winston.com>; Trent Tanner <ttanner@hilgersgraben.com>
`Cc: Wickramasekera, Nimalka <NWickramasekera@winston.com>; Alphatec Service <AlphatecService@winston.com>;
`WSGR - NUVA/ATEC <nuva/atec@wsgr.com>; NuVa-HG <NuVa-HG@hilgersgraben.com>
`Subject: RE: NuVasive v. Alphatec - Tanner letter to Nisbet
`
`
`**External Email - Do not open suspicious attachments or links from known or unknown senders.**
`
`Trent,
`
`Following up on our call last week concerning the outstanding issue in our discovery deficiency letter, as discussed,
`please provide a formal supplement to your interrogatory response containing an affirmative statement confirming the
`use and sale of the embodying Cement Restrictor XL and CoRoent XL prior to March 29, 2004, in light of the deposition
`Friday and counsel’s emails conceding that very thing.
`
`Thanks,
`
`Brian
`
`From: Nisbet, Brian
`Sent: Monday, November 2, 2020 3:34 PM
`To: Tsukerman, Lev <LTsukerman@winston.com>; Trent Tanner <ttanner@hilgersgraben.com>
`Cc: Wickramasekera, Nimalka <NWickramasekera@winston.com>; Alphatec Service <AlphatecService@winston.com>;
`WSGR - NUVA/ATEC <nuva/atec@wsgr.com>; NuVa-HG <NuVa-HG@hilgersgraben.com>
`Subject: RE: NuVasive v. Alphatec - Tanner letter to Nisbet
`
`Trent,
`
`1
`EXHIBIT 19 - Page 251
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 300-20 Filed 01/08/21 PageID.27179 Page 3 of 4
`
`
`Please advise when we can expect a response to our letter.
`
`Thanks,
`
`Brian
`
`From: Tsukerman, Lev <LTsukerman@winston.com>
`Sent: Tuesday, October 27, 2020 11:16 PM
`To: Trent Tanner <ttanner@hilgersgraben.com>; Nisbet, Brian <BNisbet@winston.com>
`Cc: Wickramasekera, Nimalka <NWickramasekera@winston.com>; Alphatec Service <AlphatecService@winston.com>;
`WSGR - NUVA/ATEC <nuva/atec@wsgr.com>; NuVa-HG <NuVa-HG@hilgersgraben.com>
`Subject: RE: NuVasive v. Alphatec - Tanner letter to Nisbet
`
`Trent,
`
`Please see attached.
`
`Best,
`Lev
`
`
`Lev Tsukerman
`Associate Attorney
`Winston & Strawn LLP
`T: +1 213-615-1700
`D: +1 213-615-1834
`winston.com
`
`
`From: Trent Tanner <ttanner@hilgersgraben.com>
`Sent: Monday, October 12, 2020 12:16 PM
`To: Nisbet, Brian <BNisbet@winston.com>
`Cc: Wickramasekera, Nimalka <NWickramasekera@winston.com>; Alphatec Service <AlphatecService@winston.com>;
`WSGR - NUVA/ATEC <nuva/atec@wsgr.com>; NuVa-HG <NuVa-HG@hilgersgraben.com>
`Subject: NuVasive v. Alphatec - Tanner letter to Nisbet
`
`Brian –
`
`Please see attached. Thanks.
`
`Trent Tanner
`HILGERS GRABEN PLLC
`www.hilgersgraben.com
`Lincoln | Omaha | Denver | Dallas | Atlanta
`(402) 260-1391 (direct) | (480) 334-7296 (cell)
`Bio | LinkedIn
`
`
`
`
`
`2
`EXHIBIT 19 - Page 252
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 300-20 Filed 01/08/21 PageID.27180 Page 4 of 4
`
`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.
`
`3
`EXHIBIT 19 - Page 253
`
`
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