Case 3:18-cv-00347-CAB-MDD Document 307-28 Filed 02/16/21 PageID.30081 Page 1 of 5
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`EXHIBIT 27
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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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`Case 3:18-cv-00347-CAB-MDD Document 307-28 Filed 02/16/21 PageID.30082 Page 2 of 5
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`HIGHLY CONFIDENTIAL
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`Page 1
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` UNITED STATES DISTRICT COURT
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` SOUTHERN DISTRICT OF CALIFORNIA
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` SAN DIEGO DIVISION
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`NUVASIVE, INC., a Delaware )
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`corporation, )
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` Plaintiff, ) Case No.
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`vs. ) 3:18-CV-00347-CAB-MDD
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`ALPHATEC HOLDINGS, INC., a )
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`Delaware corporation and )
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`ALPHATEC SPINE, INC., a )
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`California corporation, )
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` Defendants )
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` The videotaped videoconference deposition
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`of BLAKE INGLISH, called for examination pursuant
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`to the Rules of Civil Procedure for the United
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`States District Courts pertaining to the taking of
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`depositions, taken in Austin, Texas, on the
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`18th day of January, 2021, at the hour of 9:10 a.m.
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` * * * HIGHLY CONFIDENTIAL * * *
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`Reported by: Gina M. Luordo, CSR, RPR, CRR
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`License No.: 084-004143
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`APPEARING REMOTELY FROM COOK COUNTY, ILLINOIS
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`www.veritext.com
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`Veritext Legal Solutions
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`888-391-3376
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`EXHIBIT 27 - PAGE 409
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`Case 3:18-cv-00347-CAB-MDD Document 307-28 Filed 02/16/21 PageID.30083 Page 3 of 5
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`HIGHLY CONFIDENTIAL
`Page 2
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`Page 4
`1 THE VIDEOGRAPHER: We're on the record. The
`2 time is now 9:10 a.m. Today's Monday, January 18th
`3 of 2021. We're here today in Austin, Texas in the
`4 home office of Blake Inglish for the videotaped
`5 deposition of Blake Inglish in the matter of
`6 NuVasive, Inc., a Delaware corporation, v. Alphatec
`7 Holdings, Inc., a Delaware corporation and Alphatec
`8 Spine, Inc., a California corporation, Case
`9 No. 3:18-CV-00347-CAB-MDD to be heard before the
`10 United States District Court, Southern District of
`11 California, San Diego Division.
`12 I'm Alan Pokotilow, a forensic
`13 videographer here today on behalf of Veritext
`14 Midwest. Your court reporter today is Gina Luordo
`15 also here today on behalf of Veritext Midwest.
`16 Will counsel please state your name and affiliation
`17 for the record after which our court reporter will
`18 swear the witness, and we can proceed.
`19 MR. NISBET: Brian Nisbet with Winston & Strawn
`20 on behalf of the Alphatec entities.
`21 MR. CARLSON: Erik Carlson with Wilson Sonsini
`22 Goodrich & Rosati on behalf of plaintiff, Nuvasive.
`23 (Whereupon, the witness was
`24 sworn.)
`25
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`Page 5
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`1 BLAKE INGLISH,
`2 having been first duly sworn, was examined and
`3 testified as follows:
`4 EXAMINATION
`5 BY MR. NISBET:
`6 Q. Good morning, Mr. Inglish. I appreciate
`7 your time today. I hope you're doing well. Hold
`8 on. I just lost you. The perils of remote video.
`9 So obviously -- sorry. Okay. So
`10 obviously, you have been deposed many times before.
`11 I took your deposition last year or so, which feels
`12 like 50,000 years, but you, obviously, are familiar
`13 with the ground rules. Of course, if you need to
`14 take a break at any time, just let me know. I'm
`15 happy to accommodate that.
`16 Have you had a remote deposition yet?
`17 A. Yes, I have.
`18 Q. Okay. So you're sort of familiar with
`19 this format. It's probably more important that we
`20 try not to talk over each other. I will allow you
`21 to finish your answer if you allow me to finish my
`22 question. If I interrupt you as you give your
`23 answer, just let me know. It's not intentional, I
`24 assure you, but we'll get started.
`25
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`1 REMOTE APPEARANCES:
`2 WILSON SONSINI GOODRICH & ROSATI P.C.
`3 BY: MR. ERIK CARLSON
`4 633 West Fifth Street, Suite 1550
`5 Los Angeles, California 90071
`6 (323) 210-2900
`7 ecarlson@wsgr.com
`8 Representing the Plaintiff;
`9
`10 WINSTON & STRAWN
`11 BY: MR. BRIAN J. NISBET
`12 35 West Wacker Drive
`13 Chicago, Illinois 60601
`14 (312) 558-3254
`15 bnisbet@winston.com
`16 Representing the Defendants.
`17
`18 * * * * *
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`20
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`25 Also Present: Mr. Alan Pokotilow - Videographer
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`Page 3
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`1 I N D E X
`2 WITNESS EXAMINATION
`3 BLAKE INGLISH
`4 By Mr. Nisbet 5
`5 By Mr. Carlson 275
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`678
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` E X H I B I T S
`9 NUMBER DESCRIPTION PAGE
`10 Exhibit 1 Supplemental Expert Report 6
`11 of Blake Inglish
`12 Exhibit 2 Exhibits and Schedules to 6
`13 Supplemental Expert Report
`14 of Blake Inglish
`15 Exhibit 3 Supplemental Expert 7
`16 Report Update
`17 Exhibit 4 Updated Schedules - Excel 7
`18 Spreadsheets
`19 Exhibit 5 Declaration of Matthew Link 86
`20 Exhibit 6 Expert Report of Blake 202
`21 Inglish November 8, 2019
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`www.veritext.com
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`Veritext Legal Solutions
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`2 (Pages 2 - 5)
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`888-391-3376
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`EXHIBIT 27 - PAGE 410
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`Case 3:18-cv-00347-CAB-MDD Document 307-28 Filed 02/16/21 PageID.30084 Page 4 of 5
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`HIGHLY CONFIDENTIAL
`Page 10
`1 least 100, 150 hours on it, and I think probably
`2 the rest of my team spent another 100 to 150 hours.
`3 Somewhere in that ballpark would be my best guess.
`4 Q. Okay. How many people are working on your
`5 team?
`6 A. You know, I don't have a direct
`7 recollection of everyone. My best guess is there
`8 was probably three folks that might have
`9 contributed at varying levels.
`10 Q. Who is -- what is the name of your main
`11 person?
`12 A. I don't know that I would call it a main
`13 person. They all contribute. I think -- there's a
`14 managing director named Ryan Mehner that made
`15 significant contributions to this report and
`16 schedules. There's a senior managing consultant
`17 named Kristi Inglish that made significant
`18 contributions. And I imagine there's another
`19 senior managing director named Clark Nelson that
`20 may have provided some assistance as well. I just
`21 don't recall directly.
`22 Q. Is Christy Inglish related to you?
`23 A. She is my better half.
`24 Q. All right. How about that?
`25 Now that's officially on the record. So
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`Page 12
`1 that, there were some additional discussions I had
`2 with folks at Nuvasive. So you can let me know
`3 what you want to talk about.
`4 Q. Yeah. So I guess I'm most interested in
`5 the conversations that you had specifically for
`6 this November 2020 report. So after your last
`7 report was served, you know, conversations you may
`8 have had over the last few months with folks at
`9 Nuvasive.
`10 A. Sure. Without getting my report out,
`11 which I believe I've identified a lot of those
`12 conversations, some of the discussions that come to
`13 mind are discussions with Matt Link, John English,
`14 and Dr. Youssef. I believe those are some of the
`15 discussions that I had getting ready for this
`16 report. There were also folks in the accounting
`17 department. I believe Dale Wolf was one of them.
`18 And there may be more. I would just need
`19 to look through my report and see if there's
`20 anybody else that jumps out, but those are some of
`21 the ones that come to mind.
`22 Q. Sure. So just to be clear, you had
`23 conversations with Matt Link, John English, and
`24 Dr. Youssef at least in the few months leading up
`25 to the service of your November 2020 expert report,
`Page 13
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`1 correct?
`2 A. That's correct.
`3 Q. How many conversations have you had with
`4 Matt Link?
`5 A. At least one, maybe two.
`6 Q. When was your first conversation with
`7 Mr. Link?
`8 A. Once again, I've had multiple
`9 conversations with him over the years. Since the
`10 submission of the first report, the time period
`11 where I recall having a conversation with him would
`12 be in the -- in the month or so before the report
`13 was due in November 2020.
`14 Q. So was this after it had been announced
`15 that he was leaving Nuvasive?
`16 A. Yes.
`17 Q. What did you talk about to Mr. Link in
`18 this --
`19 A. I don't know when it was announced or not.
`20 I think through my conversations, it seemed to me
`21 that I just kind of inferred that maybe he had not
`22 necessarily left, but changed positions. So I'm
`23 not sure if you want to say he left or he
`24 announced, but in my conversation, it seemed like
`25 he might have changed his position with the company
`4 (Pages 10 - 13)
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`Page 11
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`1 you could tell her it's sworn under oath.
`2 A. You know, it is known far and wide. This
`3 is nothing new. I would be the biggest fraud in
`4 the world if I didn't acknowledge that.
`5 Q. Okay. And obviously, you read your report
`6 thoroughly prior to its service in November 2020;
`7 is that correct?
`8 A. I did read the report and the exhibits
`9 before it was submitted.
`10 Q. You signed off and made sure everything
`11 was as truthful and accurate as it could be in
`12 November 2020, correct?
`13 A. I drafted it. I reviewed it and tried, to
`14 the best of my ability, to have it reflect my
`15 opinions at that time.
`16 Q. In preparing the November 2020 report, did
`17 you have any conversations with individuals with
`18 Nuvasive?
`19 A. Yes.
`20 Q. Who did you speak with at Nuvasive?
`21 A. Okay. I'm just trying to make your life
`22 easier. You know, there were, obviously, some
`23 conversations I had early on in preparing the 2019
`24 report, and some of that information carries over
`25 through in this latest report; but in addition to
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`www.veritext.com
`
`Veritext Legal Solutions
`
`888-391-3376
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`EXHIBIT 27 - PAGE 411
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`

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`Case 3:18-cv-00347-CAB-MDD Document 307-28 Filed 02/16/21 PageID.30085 Page 5 of 5
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`Page 280
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`Page 281
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`HIGHLY CONFIDENTIAL
`Page 278
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`1 DEPOSITION REVIEW
` CERTIFICATION OF WITNESS
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`2
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`1 I further certify that the taking of this
`2 deposition was pursuant to notice and that there
`3 were present at the deposition the attorneys
`4 hereinbefore mentioned.
`5 I further certify that I am not counsel
`6 for nor in any way related to the parties to this
`7 suit, nor am I in any way interested in the outcome
`8 thereof.
`9 IN TESTIMONY WHEREOF: I have hereunto set
`10 my hand and affixed my notarial seal this 24th day
`11 of January, 2021.
`12
`13
`14
`15
`16 <%7832,Signature%>
`17 NOTARY PUBLIC, COOK COUNTY, ILLINOIS
`18 LIC. NO. 084-004143
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`25
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`Page 279
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`1 Veritext Legal Solutions
` 1100 Superior Ave
`2 Suite 1820
` Cleveland, Ohio 44114
`3 Phone: 216-523-1313
`4
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`January 25, 2021
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`To: Mr. Carlson
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`Case Name: Nuvasive v. Alphatec
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`Veritext Reference Number: 4400676
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`5
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`6
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`7
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`8
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`Witness: Blake Inglish Deposition Date: 1/18/2021
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`9
`10 Dear Sir/Madam:
`11
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`Enclosed please find a deposition transcript. Please have the witness
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`review the transcript and note any changes or corrections on the
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`included errata sheet, indicating the page, line number, change, and
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`the reason for the change. Have the witness’ signature notarized and
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`forward the completed page(s) back to us at the Production address
`16 shown
`17 above, or email to production-midwest@veritext.com.
`18
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`If the errata is not returned within thirty days of your receipt of
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`this letter, the reading and signing will be deemed waived.
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`20
`21 Sincerely,
`22 Production Department
`23
`24
`25 NO NOTARY REQUIRED IN CA
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`19
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` ASSIGNMENT REFERENCE NO: 4400676
`3 CASE NAME: Nuvasive v. Alphatec
` DATE OF DEPOSITION: 1/18/2021
`4 WITNESS' NAME: Blake Inglish
`5 In accordance with the Rules of Civil
` Procedure, I have read the entire transcript of
`6 my testimony or it has been read to me.
`7 I have made no changes to the testimony
` as transcribed by the court reporter.
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`8
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` _______________ ________________________
`9 Date Blake Inglish
`10 Sworn to and subscribed before me, a
` Notary Public in and for the State and County,
`11 the referenced witness did personally appear
` and acknowledge that:
`
`12
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` They have read the transcript;
`13 They signed the foregoing Sworn
` Statement; and
`14 Their execution of this Statement is of
` their free act and deed.
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`15
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`16
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` I have affixed my name and official seal
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` this ______ day of_____________________, 20____.
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` ___________________________________
`18 Notary Public
`19 ___________________________________
` Commission Expiration Date
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`17
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`20
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`25
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`1 DEPOSITION REVIEW
` CERTIFICATION OF WITNESS
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`2
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` ASSIGNMENT REFERENCE NO: 4400676
`3 CASE NAME: Nuvasive v. Alphatec
` DATE OF DEPOSITION: 1/18/2021
`4 WITNESS' NAME: Blake Inglish
`5 In accordance with the Rules of Civil
` Procedure, I have read the entire transcript of
`6 my testimony or it has been read to me.
`7 I have listed my changes on the attached
` Errata Sheet, listing page and line numbers as
`8 well as the reason(s) for the change(s).
`9 I request that these changes be entered
` as part of the record of my testimony.
`
`10
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` I have executed the Errata Sheet, as well
`11 as this Certificate, and request and authorize
` that both be appended to the transcript of my
`12 testimony and be incorporated therein.
`13 _______________ ________________________
` Date Blake Inglish
`
`14
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` Sworn to and subscribed before me, a
`15 Notary Public in and for the State and County,
` the referenced witness did personally appear
`16 and acknowledge that:
`17 They have read the transcript;
` They have listed all of their corrections
`18 in the appended Errata Sheet;
` They signed the foregoing Sworn
`19 Statement; and
` Their execution of this Statement is of
`20 their free act and deed.
`21 I have affixed my name and official seal
`22 this ______ day of_____________________, 20____.
`23 ___________________________________
` Notary Public
`
`24
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` ___________________________________
`25 Commission Expiration Date
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`www.veritext.com
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`Veritext Legal Solutions
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`71 (Pages 278 - 281)
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`888-391-3376
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`EXHIBIT 27 - PAGE 412
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