`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`WILSON SONSINI GOODRICH & ROSATI P.C.
`PAUL D. TRIPODI II (SBN 162380)
`ptripodi@wsgr.com
`WENDY L. DEVINE (SBN 246337)
`wdevine@wsgr.com
`NATALIE J. MORGAN (SBN 211143)
`nmorgan@wsgr.com
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: 323-210-2900
`Fax: 866-974-7329
`Hilgers Graben PLLC
`MICHAEL T. HILGERS (Pro Hac Vice)
`mhilgers@hilgersgraben.com
`575 Fallbrook Blvd, Suite 202
`Lincoln, NE 68521
`Telephone: 402-218-2106
`Fax: 402-413-1880
`Attorneys for Plaintiff NuVasive, Inc.
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
`NUVASIVE, INC., a Delaware
`)
`Case No. 18-cv-00347-CAB-MDD
`corporation,
`)
`DECLARATION OF TRENT
`
`)
`TANNER IN SUPPORT OF
` Plaintiff,
`)
`NUVASIVE, INC.’S REPLY IN
`
`)
`SUPPORT OF MOTION TO
`v.
`)
`STRIKE ALPHATEC’S
`
`)
`INVALIDITY CONTENTIONS
`
`)
`ALPHATEC HOLDINGS, INC., a
`)
`
`Delaware corporation, and ALPHATEC
`)
`
`SPINE, INC., a California corporation,
`)
`PER CHAMBERS RULES, NO
`
`)
`ORAL ARGUMENT UNLESS
` Defendants.
`)
`SEPARATELY ORDER BY THE
`
`)
`COURT
`)
`
`)
`
`)
`Judge: Hon. Cathy Ann Bencivengo
`)
`Courtroom -4C
`
`DECLARATION OF TANNER ISO NUVASIVE’S
`REPLY IN SUPPORT OF MOTION TO STRIKE
`ALPHATEC’S INVALIDITY CONTENTIONS
`
`
`
`
`
`18-cv-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 301-2 Filed 01/15/21 PageID.27251 Page 2 of 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`I, Trent D. Tanner, declare as follows:
`1.
`I am a partner with Hilgers Graben PLLC and counsel for Plaintiff
`NuVasive, Inc., (“NuVasive”) in the above captioned matter. I submit this
`Declaration in Support of NuVasive’s Reply In Support of Motion to Strike
`Defendants Alphatec Holdings, Inc. and Alphatec Spine, Inc.’s (“Alphatec”)
`Invalidity Contentions. I have personal knowledge of the facts set forth herein
`based on information made available to me and, if called as a witness, I would be
`competent to testify thereto.
`Attached hereto as Exhibit J is a true and correct copy of excerpts to
`2.
`the Non-Provisional Application No. 60/557,536, filed March 29, 2005, bearing
`bates numbers NUVA_ATEC0020856- NUVA_ATEC0020910.
`Attached hereto as Exhibit K is a true and correct copy of excerpts to
`3.
`Plaintiff NuVasive, Inc.’s Supplemental Objections and Responses to Defendants’
`First Set of Interrogatories (Nos. 1-4, 8, 10, 11), dated October 22, 2018.
`Attached hereto as Exhibit L is a true and correct copy of excerpts to
`4.
`Plaintiff NuVasive, Inc.’s Fourth Supplemental Responses to Defendants’
`Interrogatory Nos. 3 and 13 (Implant Patent Phase), dated October 16, 2020.
`I declare under penalty of perjury under the laws of the United States of
`America that the foregoing is true. Executed this 15th day of January 2021 in
`Lincoln, Nebraska.
`
`
`
`
`By:
`
`/s/ Trent Tanner
`Trent D. Tanner
`
`
`
`DECLARATION OF TANNER ISO NUVASIVE’S
`REPLY IN SUPPORT OF MOTION TO STRIKE
`ALPHATEC’S INVALIDITY CONTENTIONS
`
`
`1
`
`18-cv-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 301-2 Filed 01/15/21 PageID.27252 Page 3 of 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`INDEX OF EXHIBITS
`
`PAGE NUMBER(S)
`
` 3 – 4
`5 – 16
`17 – 40
`
`EXHIBIT NO.
`J
`K
`L
`
`DECLARATION OF TANNER ISO NUVASIVE’S
`REPLY IN SUPPORT OF MOTION TO STRIKE
`ALPHATEC’S INVALIDITY CONTENTIONS
`
`
`2
`
`18-cv-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 301-2 Filed 01/15/21 PageID.27253 Page 4 of 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a true and correct copy of the foregoing
`document has been served on this date to all current and/or opposing counsel of
`record, if any to date, who are deemed to have consented to electronic service via
`the Court’s CM/ECF system per Civ.L.R. 5.4(d). Any other counsel of record will
`be served by electronic mail, facsimile and/or overnight delivery.
`I declare under penalty of perjury under the laws of the United States of
`America that the above is true and correct. Executed this 15th day of January 2021
`at San Diego, California.
`
`
`
`
`
`
`By: / s/ Arlene Apodaca
`Arlene Apodaca
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`1
`
`18-cv-00347-CAB-MDD
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
