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`NIMALKA R. WICKRAMASEKERA (SBN: 268518)
`nwickramasekera@winston.com
`DAVID P. DALKE (SBN: 218161)
`ddalke@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile:
`(213) 615-1750
`
`GEORGE C. LOMBARDI (pro hac vice)
`glombardi@winston.com
`BRIAN J. NISBET (pro hac vice)
`bnisbet@winston.com
`SARANYA RAGHAVAN (pro hac vice)
`sraghavan@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`CORINNE STONE HOCKMAN (pro hac vice)
`chockman@winston.com
`WINSTON & STRAWN LLP
`800 Capitol Street, Suite 2400
`Houston, TX 77002-2529
`Telephone: (713) 651-2600
`Facsimile: (713) 651-2700
`
`Attorneys for Defendants
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA - SAN DIEGO DIVISION
`Case No. 18-CV-00347-CAB-MDD
`NUVASIVE, INC., a Delaware
`
`corporation,
`DEFENDANTS’ NOTICE OF MOTION
`
`AND MOTION FOR SUMMARY
`JUDGMENT
`
`
`v.
`
`
`Judge: Hon. Cathy Ann Bencivengo
`ALPHATEC HOLDINGS, INC., a
`Courtroom: 4C
`Delaware corporation and
`ALPHATEC SPINE, INC., a
`
`California corporation,
`PER CHAMBERS RULES, NO ORAL
`
`ARGUMENT UNLESS SEPARATELY
`ORDERED BY THE COURT
`Defendants.
`
`
`
`
`
`
` DEFENDANTS’ NOTICE OF MOTION AND CASE NO. 3:18-CV-00347-CAB-MDD
`MOTION FOR SUMMARY JUDGMENT
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 304 Filed 01/26/21 PageID.27815 Page 2 of 3
`
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`TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD:
`NOTICE IS HEREBY GIVEN that on March 2, 2021 in the United States
`District Court for the Southern District of California, located at 333 West Broadway,
`Courtroom 15A, San Diego, CA 92101, defendants Alphatec Holdings, Inc. and
`Alphatec Spine, Inc. will and hereby do move the Court for an order granting them
`summary judgment under Federal Rule of Civil Procedure 56.
`Defendants bring this motion for summary judgment on the grounds that claims
`1, 5, 10, 18, and 24 of U.S. Patent No. 8,361,156 and claims 16 and 18 of U.S. Patent
`No. 8,187,334 are invalid as indefinite.
`Defendants’ motion is based upon this notice, the memorandum of points and
`authorities filed concurrently herewith, the accompanying declaration of Brian J. Nisbet
`(and all exhibits attached thereto), all pleadings, papers, and records on file in this
`action, all matters subject to judicial notice, and such oral argument as may be presented
`at a hearing on this matter.
`
`Dated: January 26, 2021
`
`WINSTON & STRAWN LLP
`
`
`
`By: /s/ Nimalka R. Wickramasekera
`NIMALKA R. WICKRAMASEKERA
`
`Attorneys for Defendants
`ALPHATEC HOLDINGS, INC. AND
`ALPHATEC SPINE, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`DEFENDANTS’ NOTICE OF MOTION AND CASE NO. 3:18-CV-00347-CAB-MDD
`
`MOTION FOR SUMMARY JUDGMENT
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 304 Filed 01/26/21 PageID.27816 Page 3 of 3
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that the foregoing document was filed with the Court’s CM/ECF
`system which will provide notice to all counsel deemed to have consented to electronic
`service. All other counsel of record not deemed to have consented to electronic service
`were served with a true and correct copy of the foregoing document by mail on this day.
`I declare under penalty of perjury under the laws of the United States of America
`that the above is true and correct. Executed this 26th day of January 2021 at Los
`Angeles, California.
`
`Dated: January 26, 2021
`
`
`
`WINSTON& STRAWN LLP
`
`By: /s/ Nimalka R. Wickramasekera
`NIMALKA R. WICKRAMASEKERA
`
`
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`2
`DEFENDANTS’ NOTICE OF MOTION AND CASE NO. 3:18-CV-00347-CAB-MDD
`
`MOTION FOR SUMMARY JUDGMENT
`
`
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