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`EXHIBIT 13
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`TO THE DECLARATION OF BRIAN J.
`NISBET IN SUPPORT OF DEFENDANTS’
`OPPOSITION TO NUVASIVE’S MOTION
`FOR PARTIAL SUMMARY JUDGMENT
`AND MOTION TO EXCLUDE
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`

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`~ Houghton Mifflin Company
`Bosto1111
`New Yoirk
`lo1111do1111
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`EXHIBIT 13 - PAGE 298
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`:5
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`INTRODUC
`
`STAFF ....
`
`USAGE PA
`
`CONSULTA
`
`SPECIAL A
`Language,
`Lee Peder
`
`Usage and
`Dwight Be
`WilliamF.
`
`English arn
`Geoffrey r
`The Mathe
`Henry Ku
`
`GUIDE TO'
`
`STYLE MA
`
`PRONUNCI
`
`DICTIONAI
`
`BIOGRAPH
`
`GEOGRAPI(cid:173)
`
`ABBREVIA
`
`FOUR-YEA
`
`TWO-YEAI
`
`PICTURE(
`
`Words that are believed to be registered trademarks
`have been checked with-authoritative sources. No in(cid:173)
`vestigation has been made of.common-law trademark
`rights in any word, because such investigation is im(cid:173)
`practicable. Words that are known to have current
`registrations are shown with an initial capital and are
`also identified as trademarks. The inclusion of any
`word in this Dictionary is not, however, an expres(cid:173)
`sion of the Publisher's opinion as to whether or not it
`is subject-to proprietary rights. Indeed, no definition
`· in this Dictionary is to be regarded as affecting the
`validity of any trademark.
`
`Copyright © 1982, 1985,f 1991 by Houghton Mifflin
`Company. All rights reser\.ea.
`
`No part of this work may be reproduced or transmitted
`in any form or by any means, electronic or mechani(cid:173)
`cal, including photocopying and recording, or by any
`information storage or retrieval system without the
`prior written permission of Houghton Mifflin Com(cid:173)
`pany unless such copying is expressly permitted_ by
`federal copyright law. Address. inquiries to Permis(cid:173)
`sions, Houghton Mifflin Company, 2 Park Street, Bos(cid:173)
`ton, MA 02108'.
`
`Library of Congress Cataloging in Publication Data
`Main entry under title:
`American Heritage dictionary.
`Rev. ed. of: American Heritage dictionary of the
`English language. New college ed. cl 976.
`I. Morris,
`I. English language-Dictionaries.
`William, 1913-
`PE1625.A54 1982
`ISBN 0-395-32943-4
`ISBN 0-395-32944-2 (thumb index)
`ISBN 0-395-33959-6 (deluxe edition)
`
`82-9346
`
`423
`
`Manufactured in the United States of America
`
`EXHIBIT 13 - PAGE 299
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`walkabout I waltz
`
`'Washington and British Columbia.[< Waka(cid:173)
`. good.] -Wa'kash•an adj.
`woke (wok) or waked (wale!), waked or wok•
`•ak•ing, wakes. -intr. 1. a. To cease to sleep:
`b. To be brought into a state of awareness or
`·o keep watch or guard, esp. over a corpse.
`·emain awake. -tr. 1. To rouse from sleep;
`stir, as from a dormant or inactive condition;
`Id animosities. 3. To make aware of; alert: It
`, "he facts. 4. a. To keep a vigil over. b. To hold
`-n. 1. a. A watch; vigil. b. A watch over the
`~ased person before burial, sometimes accom(cid:173)
`.ivity. 2. wakes (used with a sing. or pl. verb).
`, parish festival held annually, often in -honor
`saint. 3. wakes (used with a sing. or pl. verb).
`n annual vacation. [ME waken < OE wacian.]
`,. 1. The visible track of turbulence left by
`,ing through water: the wake of a ship. 2. The
`, left behind something that has passed: The
`i in its wake. -Idiom. in the wake of. 1 .. Fol-
`1 upon. 2. In the aftermath of; as a conse(cid:173)
`ss. < MLG < ON vok, hole in the ice.].
`fol) adj. 1. a. Not sleeping or able to sleep.
`,p; sleepless. 2. Watchful; alert. -wake'fuMy
`l•ness n.
`<'lis) adj. Unbroken. Used of sleep.
`n) v. -ened, -en•ing, -ens. -tr. 1. To rouse
`ake. 2. To rouse from a quiescent or inactive
`tr. To become awake; wake up. [ME wakenen
`I -wak'en~r n.
`1ak'rob'in) n. 1. The trillium. 2. Any of sev(cid:173)
`l bloom early in the spring.
`vol-den'sez) pl.n. A Christian sect of dissent•
`,ted in southern France in the late 12th .cen(cid:173)
`ted Calvinist doctrines in the· 16th. century.
`Peter Waldo, their leader.] -Wal•den'.slan
`,.
`I (wol'dorf') n. A salad of diced raw apples,
`nuts mixed with mayonnaise. [After the Wal(cid:173)
`:otel, New York City, where it was .. first
`
`A welt (sense 3.a.). 2. a. One of the pa~allel
`n the surface of a fabric such as corduroy.
`or weave of such a fabric: a wide wale.
`: gunwale. b. One of the heavy planks or
`ag along the sides of a wooden ship. -tr. v.
`wales. To mark (the skin) with wales. [ME<
`
`1riant of Valhalla.
`,alked, walk•ing, walks. -intr. 1. To move
`,y taking steps with the feet at a pace slower
`'o go or travel on foot. 3. To go on foot .for
`dse; stroll. 4. To move in a manner sugges~
`5. To conduct oneself or behave in a _par(cid:173)
`live: He walks in peace and joy.among his
`fo roam about in a visible form, as a ghost;
`cter walks at midnight. 7. a. Baseball. To go
`er the pitcher bas thrown four balls. b. To
`. 8. Obs. To be in constant motion. -tr.
`; over, on, or through by walking: walk the
`ring to a specified condition by wallcing:
`chaustion. 3. To cause to walk or proceed at
`horse uphill. 4. To accompany in walking;
`walk her home. 5. To traverse on foot -in
`or measure; pace off: walked the boun~ of
`ro move (a heavy or cumbersome object). in
`stive of walking: walk a bureau into a hall.
`,How (a batter) to go to first base by pitch•
`-phrasal verbs. walk ouL 1. To go on strike.
`lenly, often as a signal of disapproval. walk
`/. To treat badly or contemptuously, 2. To
`uncontested victory. walk through. To per(cid:173)
`. example) in a perfunctory fashion, as at a
`-n. 1. a. The act or an instance of walking,
`,leasur~ or exercise. b. The gait of a human
`iped in which the feet are lifted alternately
`a foot always on the ground. c. The gait of
`Nhich at least two feet are always touching
`the gait of a horse in which the feet touch
`: four-beat sequence of near hind foot, near
`d foot, off forefoot. d. The self-controlled
`,ce of an astronaut. 2. a. The rate at which
`. b. The characteristic way in which one
`:tance covered or to be covered in walking.
`;idewalk or promenade, on which one may
`,al/. The act or instance of taldng first base
`,ave been pitched to the batter. b. The act
`· traveling with the basketball. c. Sports. A
`which contestants compete in walking• a
`'" the 1,000-meter walk. 6. An enclosed
`for the exercise or pasture of livestock.
`:nt of or space between trees or shrubs
`, spaced rows. -idioms. walk away from.
`run, or defeat with little difficulty. 2. To
`.ent) with very little injury. walk off with.
`or unexpectedly. 2. To steal. walk of life.
`
`,g / h hat / hw which / i pit/ l pie/ lr pier/
`• for I oi noise / ou out / Oo took / Oo boot /
`
`Social class or occupation. wall< out on. Informal. To desert;
`abandon. walk the plank. To be executed at sea by wallang
`the length of a plank and falling into the water. [ME walken
`< OE wea/can, to roll.]
`walk•a•bout (wok'o-bout') n. 1. A brief_ retreat to the roam(cid:173)
`ing life of the Australian bush occasionally tal<e~ by :'fl
`aborigine as a respite from regular work. 2. A walking tnp.
`walk•a•way (wclk'o-wli') n. A contest or VICtory easily ":on.
`walk•er (wo'kor) n. 1. One that walks, esp. a co~testant m a
`footrace. 2. A frame device used to support an infant learn(cid:173)
`ing to walk or a handicapped or ~onvales~ent person lea:n•
`ing to walk again. 3. A shoe specially designed for walking
`comfortably.
`, _ ., _
`walk•ie-talk•le also walk•y-talk•y (wo ke-to ke) n., pl. -ies.
`A battery-powered portable sending and receiying radio set.
`walk-in (wok'in') adj. 1. Large enough to adnut entrance, as
`a closet. 2. Located so as to be entered directly from the
`stre'et, as an· apartment. -n. 1. A !oom large _enough to
`admit entrance. 2. An easily wo~ VlCtory, ~sp. m an e!ec(cid:173)
`tion. 3. A person who walks in without havmg an appomt(cid:173)
`ment.
`walking bass n. Mus. A repetitive _ba~s figure composed of
`nonsyncopated eighth notes, used m /=·
`walking catfish n. A catfish, Clarius ba(rachus, able to
`travel short distances on land between bodies of water.
`walking delegate n. _A trade-union _official appointed to
`inspect and cQnfer with the local ~ruons _or to serve as a
`representative of the union in dealings with an emplo:1er.
`walking fern n. A N?rth Americ":11 fern, Caml?tosorus rh1zo(cid:173)
`phyllus, having leaflike fronds with slender lips that often
`take root.
`walking leaf n. 1. A walking fem. 2. A leaf insect.
`.
`walking papers pl.n. Informal. Notice of discharge or dIS·
`missal.
`.
`.
`•
`alk
`walking stick n. 1. A cane or staff used as an rud m w
`·
`ing. 2. Any of various ins~cts of t~e family Phasnudae, hav-
`ing the appearance of twigs or sticks.
`.
`.
`walk-on (wok'on',' -cln') _n. 1. A mm'?r role m a theatncal
`production, usually haVIng no speaking lines. 2. An actor
`playing a walk-on role.
`walk•out (wok'out') n. 1. A labor. strike. 2. The ~ct of leav(cid:173)
`ing or quitting a meeting, company, or orgamzat10n, esp. as
`a sign of protest.
`.
`walk•o•ver (wok'o'vor) n. 1. A horse race with only one
`horse entered, won by the mere formality of walking the
`length of the track. 2. A walkaway.
`.
`walk-through (wok'throo') n. 1. A bnef rehearsal, as of a
`play or a role, performed usually in '.'I1 early stage of pro(cid:173)
`duction. 2. A television rehearsal dunng which no cameras
`are used.
`walk•up also walk-up (wok'iip') n. 1. An apartment house
`or office building with no elevator. 2. An apartment or of-
`fice in a walkup.
`.
`.
`walk•way (wok'wli') n. A passage for walking.
`WaMcyr•le (viil-kir'e, -kI're, viil'klr'e, -kI're) n. Myth. Vanant
`of Valkyrie.
`walk•y-talk•y (wo'ke-to'ke) n. Variant of walkie-talkie.
`wall (wol) n. 1. An upright structure of masonry, WO?d, plas(cid:173)
`ter, or other building material serving to_enclose, _d1vide,_or
`protect an area, esp. a vertical constf1:1Ct_10n form.mg an m(cid:173)
`ner partition or exterior siding of a bmldmg. 2. Oft~n walls.
`A continuous structure of masonry or other matenal form(cid:173)
`ing a rampart and built for defensive purposes. 3. A struc(cid:173)
`ture of stonework, cement, or other m~terial built _to retain a
`flow of water. 4. Something resembling a wall m appear(cid:173)
`ance, function, or ·construction, as. the extenor surface C?f a
`bodily organ or part: the abdominal wall. 5. TJ:ie vertical
`surface of an ocean wave in surfmg. 6. Something resem(cid:173)
`bling a wall in impenetrability or strength: a w~!l of silence;
`a wall of fog. 7. An extreme or desperate condition or posi(cid:173)
`tion, such as defeat or ruin: pushed-us to the wall. -tr.v.
`walled, wall-Ing, walls. 1. To enclose, surround, or f~r~ify
`with or as if with a wall: wall up an old window. 2. To d1V1de
`or separate with or as if with a wall: wall off ha!f a room .
`3. To enclose with.in a wall; immure. 4. To block_ or close
`(an opening or passage, for example) with or as if with a
`.wall. -Idiom. up the wall. Informal. Into a state of extreme
`frustration or distress: tensions that are drivmg me up the
`wan [ME< OE weal/< Lat. va//um, palisade_< val/us, stake.]
`waMa•by (wol'a-be) n., pl. -bies; Any of vanous mar~up1als
`of.the genus Wallabia and related gener~, of Australia and
`adjacent islands, related to and res~mbling the kangaroos
`but generally smaller. [Native word m Austr~lia.J
`.
`wal•lah also waMa (wil'lii) n. One employed _m !' pa_rtfcular
`occupation or activity: a kitchen wallah. [ < Hmdi -wala, per(cid:173)
`taining to, connected with.]
`wal-la•roo (wol'o-roo') n., pl. -roos. A kangaroo, Macropus
`robustus or Osphranter robustus, of h.illy regions of Australia.
`[Native word in Australia.]
`wall•board (wcll'bord', -bord') n. _Any of several structural
`boards or sheets of various matenals, such as gypsum plas(cid:173)
`ter encased in paper or compressed wood- fibers and chips,
`used in construction as a substitute for plaster or wood pan-
`els.
`.
`.
`wall creeper n. A long-billed crimson and grayish bird, Ti-
`
`chodroma muraria, of alpine regions of_ the Ol_d World, char(cid:173)
`acteristically seeking food on rocky cliffs or walls.
`wal-let (wol'it) n. A flat pocket-size folding case, usually
`made of leather, for holding paper money, cards, or photo(cid:173)
`graphs· billfold. [ME walet, knapsack.]
`wall•eye (wol'i') n. 1. An eye in which the cornea is white or
`opaque. 2. Pathol. a. Leukoma of the cornea. b. A divergent
`strabismus. 3. A freshwater food and game· fish, Stizoste(cid:173)
`dium vitreum, of North America, having large, conspicuous
`eyes. [Back-formation from WALLEYED.]
`wall•eyed (wol'id') adj. 1. Having a whitish or graY!sh ei:e or
`eyes. 2. a. Having leukom~ _of the come~- b. HaVI~g diver(cid:173)
`gent strabismus. 3. a. HaVll!g large bulging or stanng ey_es.
`b. Slang. Having eyes with greatly distended pupils.
`4. Slang. Drunk. [ME wawi/eyed < ON vagleygr : vagl, beam
`+ auga, eye.]
`walleyed pike n. Wall eye ( sense 3).
`wall fern n. Any of various small low-growing ferns of the
`genus Polypodium characterized by creeping stems that form
`dense mats.
`.
`wall-flow·er (wcll'flou'or) n. 1. a. A widely cultivated plant,
`Cheiranthus cheiri, native to Europe, havtng fragrant yellow,
`orange, or brownish flowers. b. A s~ilar, related plant,
`Erysimum asperum, of the western Uruted States. 2. A per(cid:173)
`son who does not participate in the activity at a social event
`because of shyness or unpopularity.
`wall hanging n. A decorative tapestry hung against a wall.
`Wal•loon (wo-loon') n. 1. One of a French-spealang people
`of Celtic descent inhabiting southern and southeastern Bel(cid:173)
`gium and adjacent regions of France. 2. The di'.11<:Ct of
`French spoken by the Walloons. -adj. Of or pertammg to
`the Walloons or their language. [OFr. Wal/on< Med. Lat.
`Wallo of Germanic orig.]
`wal-lop (wol'op) Informal. -v. -loped, -lop•ing, -lops. -tr.
`1. To beat soundly; thrash. 2. To strike with a bard blow.
`3. To defeat thoroughly. -intr. 1. To move m a rolling,
`clumsy manner; waddle. 2. To boil noisily. Used of a li9md.
`-n. 1. A hard or severe blow. 2. a. The ability t_o strike a
`wallop: a punch that packs a wallop. b. The capacity to cre(cid:173)
`ate a forceful effect; impact. [ME wa/open, to gallop <
`.
`ONFr. waloper.] -wal'lop•er n.
`wal-lop•ing (wol'a-plng) Infor"!al. -a4J. 1. V_ery large;
`huge: a walloping fish. 2. Very fme; truly smashing. -adv.
`To an exaggerated degree: a walloping huge lie. -n. A
`sound thrashing or defeat.
`wal-low (wOl'O) intr.v. -lowed, -l~w•l_ng, -lows. 1. To roll the
`body about indolently or clumsily m water, snow, or mud.
`2. To luxuriate; revel: wallow in self-righteousness. 3. To be
`abundantly supplied with something: wallowif!g in money.
`4. To move with difficulty in a clumsy or rolling manner;
`flounder. 5. To swell or surge forth; billow. -n. 1. An act
`of wallowing. 2. A pool of water or mud where animals go
`to wallow. 3. The depression, pool, or pit produced by wal(cid:173)
`lowing animals. 4. A condition of degradation or baseness.
`[ME walowen < OE wealwian.] -wal'_low•er '!·
`.
`wall•pa•per (wol'pli'par) n. Paper pnnted with designs or
`colors used as a decorative wall covering. -v. -pered, -per•
`Ing, -~ers. -tr. To cover with wallpaper. -intr. To deco-
`rate a wall or room with wallpaper.
`wall plate n. 1. A horizontal timber situated along the toi; of
`a wall at the level of the eaves for bearing the ends of_301sts
`or rafters. 2. A plate used to attach a bracket or sunllar
`device to a wall.
`wall plug n. An electric socket, usually located i~ a wall,
`that is connected· to and used as a source of electnc power.
`wall rock n. The rock that forms the walls of a vein or lode.
`wall rue n. A small, delicate fern, Asplenium ruta-murana,
`growing on rocks or in rocky crevices.
`Wall Street n. The controlling financial interests of t1.1e
`United States. [After Wall Street, New York City, the main
`street of the financial district.] -Wall'Street•er n.
`wall-to-wall (wcll'to-wol') aqj. 1. Covering a floor c~m(cid:173)
`pletely: wall-to-wall carpeting. 2. a. Present or spreading
`throughout an entire area: wall-to-wall people at the con~en-
`tion. b. Found everywhere or
`including everything:
`wall-to-wail luxury. -n. A wall-to-wall carpet.
`wal•nut (wol'niit', -not) n. 1. a. Any of several_ trees of _the
`genus Jug/ans, having round, sticky fruit enclosmg an edible
`nut. b. The ridged or corrugated nut of such a tree. 2. The
`hard, dark-brown wood of the walnut, used for gunstocks
`and in cabinetwork [ME walnot < OE wealhhnutu : wealh,
`Celt, foreigner + hnutu, nut.]
`Wal•pur•gis Night (val-poor'gls) n. 1. The e_ve of Mai: Day1
`believed in medieval Europe to be the occasion of a wi)ches
`Sabbath. 2. An episode or situation having the g,uality of
`nightmarish wildness associated with Walpurg,s Night.
`[Partial transl. of G. Walpurgisnacht : Walpurgis, St. Wal(cid:173)
`purga + nacht, night.]
`wal•rus (w6l'ras, w6l' -) n .• pl. walrus or -ru_s•es. (\. large J!la(cid:173)
`rine mammal; Odobenus rosmarus, of Arctic regions, ha~ng
`tough wrinkled skin and large tusks. [Du., of Scand ong.J
`walru~ mustache n. A bushy, drooping mustache.
`waltz ·(wolts) n. 1. A dance in triple time with a strong ac(cid:173)
`cent on the first beat. 2. The music for a waltz. -v. waltzed,
`waltz•ing, waltz•es. -intr. 1. To dance the waltz. ~- To
`move unhesitantly and briskly; flounce. 3. To accomplish a
`
`p pop/ r roar/ s sauce/ sh ship, dish/ t tight/ th thin, path/ th this, bathe/ ii cut/ fir ur~e / v valve/ w mth / y yes/ z zebra, siz::
`zh vision I O about, item, edible, gallop, circus / re Fr. feu, Ger. schon / ii Fr. tu, Ger. uber I KH Ger. 1ch, Scot. loch/ N Fr. b
`•
`
`walkie-talkie
`
`walking stick
`
`wallaby
`
`walnut
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`EXHIBIT 13 - PAGE 300
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