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`EXHIBIT 11
`TO TRENT TANNER DECLARATION ISO
`NUVASIVE’S COMBINED MOTIONS IN LIMINE
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` HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY
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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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` )
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` Plaintiff, )
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` )
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` vs. ) Case No. 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 )
`
` California corporation, )
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` Defendants. )
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`EXHIBIT 11, Page 151 of 159
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`Case 3:18-cv-00347-CAB-MDD Document 342-12 Filed 10/29/21 PageID.31463 Page 3 of
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`1 The Zoom video deposition of RYAN DONAHOE,
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`Page 4
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`1 I N D E X
`2 Page
`3 Exam by Nimalka Wickramasekera 7
`4 Exam by Paul Tripodi 334
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` E X H I B I T S
` Page
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`5 6
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`7
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`Exhibit No. 1 - 9
`8 Defendants' Second Notice of Deposition to
`NuVasive, Inc., Pursuant to Rule 30(b)(6)
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`9
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`Exhibit No. 2 - 9
`10 Defendants' Notice of Taking Remote Virtual
`Deposition of Ryan Donahoe
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`11
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`Exhibit No. 3 - 26
`12 United States Patent '334 B2
`13 Exhibit No. 4 - 26
`United States Patent '156 B2
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`14
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`Exhibit No. 5 - 142
`15 April 26, 2003 letter from NuVasive to the FDA
`16 Exhibit No. 6 - 156
`Appendix IV, Predicate Device Information
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`17
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`Exhibit No. 7 - 166
`18 Section I, Premarket Submission Cover Sheet
`19 Exhibit No. 8 - 168
`510(k) Premarket Notification
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`20
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`Exhibit No. 9 - 187
`21 Interoffice Memo, November 10, 2003
`22 Exhibit No. 10 - 191
`"Take Your Pick" Radiolucent, Configurable
`23 Fusion Confirmation
`24 Exhibit No. 11 - Vertebral Spacer - PR 192
`
` taken before Richard Derrick Ehrlich, Registered
`
` Merit Reporter, Certified Realtime Reporter, taken
`
`2 3 4 5
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`6 7 8 9
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`10
`11
`12
`13 pursuant to the Federal Rules of Civil Procedure,
`14
`15
`16
`17 commencing at 9:00 a.m., on the 6th day of November,
`18
`19
`20
`21 .
`22
`23
`24
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`Page 3
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`Page 5
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`1 A P P E A R A N C E S
`2 On behalf of the Plaintiff:
`3 Paul D. Tripodi
` WILSON SONSINI GOODRICH & ROSATI P.C.
`4 633 West Fifth Street
` Suite 1550
`5 Los Angeles, CA 90071
` 323.210.2900
`6 ptripodi@wsgr.com
`7 Mike Doyle
` In-house counsel for NuVasive, Inc.
`8 7475 Lusk Boulevard
` San Diego, CA 92121
`
`9
`
`10
`
`On behalf of the Defendants:
`
` Nimalka Wickramasekera
`11 WINSTON & STRAWN LLP
` 333 South Grand Avenue
`12 Suite 3800
` Los Angeles, CA 90071-1543
`13 213.615.1700
` nwickramasekera@winston.com
`
`14
`
` Craig Hunsaker
`15 In-house counsel for Alphatec Spine, Inc.
` 5818 El Camino Real
`16 Carlsbad, CA 92008
` 760.494.6801
`17 jhamilton@atecspine.com
`18
`
`Videographer:
`19 Jonathan Popham
`20 Concierge:
`Bill Craddock
`
`21
`22
`23
`24
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`1 E X H I B I T S (Continued)
`2 Exhibit No. 12 - 214
`Section VI, Rationale for Substantial
`3 Equivalence
`4 Exhibit No. 13 - 231
`CoRoent Radiolucent Systems, Design Rationale
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`5
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`Exhibit No. 14 - 242
`6 CoRoent XL & XLR
`7 Exhibit No. 15 - 254
`CoRoent Small Implants
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`8
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`Exhibit No. 16 - 254
`9 PEEK Cement Restrictors
`10 Exhibit No. 17 - 260
`Email from Matt Copp
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`11
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`Exhibit No. 18 - 260
`12 "Quality You Can See"
`13 Exhibit No. 19 - 260
`"Quality You Can See"
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`14
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`Exhibit No. 20 - 283
`15 Spreadsheet
`16 Exhibit No. 21 - 297
`List of notes and sketches
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`17
`18
`19
`20
`21
`22
`23
`24
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`EXHIBIT 11, Page 152 of 159
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`Case 3:18-cv-00347-CAB-MDD Document 342-12 Filed 10/29/21 PageID.31464 Page 4 of
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`HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY
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`Page 6
`1 VIDEOGRAPHER: Good morning. We are going
`2 on the record at 11:05 a.m. Central time on
`3 November 6th, 2020.
`4 Please note that the microphones are
`5 sensitive and may pick up whispering, private
`6 conversations, and cellular interference. Audio
`7 and video recording will continue until all
`8 parties agree to go off the record.
`9 This is Media No. 1 of the video deposition
`10 of Ryan Donahoe taken by counsel for the
`11 defendant in the matter of NuVasive,
`12 Incorporated., vs. Alphatec Holdings,
`13 Incorporated., and Alphatec Spine,
`14 Incorporated., filed in the United States
`15 District Court for the Southern District of
`16 California, San Diego Division, Case Number
`17 3:18-CV-00347-CAB-MDD.
`18 This deposition is being held at multiple
`19 locations via videoconference.
`20 My name is Jonathan Popham from Veritext,
`21 and I'm the videographer. The court reporter is
`22 Richard Ehrlich, also from Veritext. And also
`23 joining us today is Bill Craddock as our virtual
`24 concierge technician.
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`Page 8
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`1 MR. TRIPODI: Okay.
`2 VIDEOGRAPHER: Okay. If that's everyone,
`3 will the court reporter please swear in the
`4 witness?
`5 RYAN DONAHOE, DEPONENT, SWORN
`6 MS. WICKRAMASEKERA: May I proceed?
`7 VIDEOGRAPHER: Yes, please.
`8 EXAMINATION
`9 BY MS. WICKRAMASEKERA:
`10 Q Good morning, Mr. Donahoe. Could you please
`11 state and spell your name for the record?
`12 A Ryan Donahoe, R-Y-A-N, D-O-N-A-H-O-E.
`13 Q And who are you employed by?
`14 A NuVasive.
`15 Q And what's your address?
`16 A The work address or home address?
`17 Q Home address.
`18 A Home address, 2815 Santa Fe Vista Court,
`19 Encinitas, California 92024.
`20 Q And what's your current title at NuVasive?
`21 A Vice president of research and development for
`22 the spine business unit.
`23 Q Okay. I'm going to mark two exhibits off the
`24 bat.
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`Page 7
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`Page 9
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`1 I'm not authorized to administer an oath.
`2 I'm not related to any party in this action, nor
`3 am I financially interested in the outcome.
`4 Counsel will now, please, state their
`5 appearances and affiliations for the record.
`6 MR. TRIPODI: I'm Paul Tripodi of Wilson
`7 Sonsini Goodrich & Rosati on behalf of NuVasive,
`8 Inc., and NuVasive's 30(b)(6) designee, Ryan
`9 Donahoe.
`10 With me today here in the conference room
`11 is Mike Doyle, in-house counsel at NuVasive.
`12 MS. WICKRAMASEKERA: Good morning. This is
`13 Nimalka Wickramasekera from Winston & Strawn on
`14 behalf of the Alphatec defendants, and with me
`15 is my colleague Billy Wardlaw.
`16 VIDEOGRAPHER: Is there anyone else joining
`17 us?
`18 MS. WICKRAMASEKERA: Yes. Craig Hunsaker
`19 from Alphatec is our corporate representative.
`20 MR. TRIPODI: Pardon my -- pardon me,
`21 Nimalka. I'm not sure that I recognize the name
`22 "Billy Wardlaw." Is that someone on your
`23 Winston team?
`24 MS. WICKRAMASEKERA: Yes.
`
`1 Let me know once you see Exhibit 1, which
`2 is the Alphatec 30(b)(6) notice to NuVasive, and
`3 Exhibit 2, which is your deposition notice.
`4 Can you introduce Exhibit OA and OD,
`5 please?
`6 CONCIERGE: That's for me, right, Nimalka?
`7 MS. WICKRAMASEKERA: Yes.
`8 CONCIERGE: And is it OA1 and OB2 or ...
`9 MS. WICKRAMASEKERA: OA is going to be
`10 Exhibit 1, and OD -- I'm sorry. I said "OC,"
`11 but it was OD should be Exhibit 2.
`12 CONCIERGE: Okay. One moment. Stand by.
`13 MR. TRIPODI: Are these in the witness's
`14 collection of documents that were -- that were
`15 delivered to us?
`16 MS. WICKRAMASEKERA: OA should be -- yes.
`17 They should both be in the -- in the exhibit
`18 box.
`19 MR. TRIPODI: So, Mr. Donahoe, if you would
`20 go ahead and retrieve those from the collection
`21 that you have. They should be -- A and B should
`22 be -- they should be the first two in the box, I
`23 believe.
`24 THE DEPONENT: All right. I have A and B.
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`1 outside of the inserter are trials. The trials
`2 are specific to the shape of CoRoent. And so
`3 what I was saying is unless Alphatec copied the
`4 shape of CoRoent, then their implants could be
`5 used with our trials. However, it would be far
`6 less safe and effective because the trial
`7 wouldn't match the shape and size of the
`8 implant.
`9 BY MS. WICKRAMASEKERA:
`10 Q Okay. So setting aside the trials and the
`11 implant inserter, what are the other instruments
`12 that are designed for use with the CoRoent?
`13 A There's an implant removal instrument that's
`14 specifically designed for use with CoRoent.
`15 There are discectomy instruments that are
`16 specifically designed for the use with CoRoent.
`17 Here's the MaXcess retractor that's specifically
`18 designed for use with CoRoent. Those are kind
`19 of the main categories of instruments.
`20 Q Okay. Can the MaXcess retractors, the implant
`21 removal instrument -- I missed what the third
`22 instrument you said was. I can see in the
`23 transcript -- can you just --
`24 A They're disc removal instruments.
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`Page 323
`1 Q Okay. So can the implants, the disc removal
`2 instruments, and the MaXcess retractors be used
`3 with competitor implants?
`4 A In theory, they could be used, but as I
`5 mentioned, would likely generate a less safe and
`6 effective result.
`7 Q And is the same true with respect to Alphatec's
`8 implants? Can the MaXcess retractors and the
`9 disc removal instruments be used with the
`10 Alphatec implants?
`11 MR. TRIPODI: Objection. Form.
`12 Foundation. Speculation.
`13 THE DEPONENT: I'd have to look
`14 specifically. When I mentioned other
`15 manufacturers' implants could be used -- you
`16 know, again, as I mentioned, if they copied the
`17 shapes and size of our implants, then they could
`18 be used but generate a less safe and effective
`19 result.
`20 So the same applies to Alphatec. If they
`21 had copied the shapes and the features and the
`22 insertion receptacles of our CoRoent implants,
`23 then yes, they can use the -- those implants
`24 with the NuVasive system.
`
`1 BY MS. WICKRAMASEKERA:
`2 Q What are you referring to as the insertion
`3 receptacle of the implant?
`4 A So the insertion receptacle is a threaded hole
`5 with what we call a racetrack feature inside the
`6 lateral aspect of the implant. It's how you
`7 connect the implant to the inserter.
`8 Q Okay. So is the MaXcess retractor designed
`9 specifically for use with the CoRoent implant?
`10 MR. TRIPODI: Objection. Form.
`11 THE DEPONENT: Yes.
`12 BY MS. WICKRAMASEKERA:
`13 Q Okay. Can you use a MaXcess retractor to insert
`14 other implants, other competitor implants?
`15 MR. TRIPODI: Objection. Form.
`16 THE DEPONENT: Again, if those implants
`17 have copied the shape and size of CoRoent, then
`18 yes, you can use them with the MaXcess
`19 retractor.
`20 BY MS. WICKRAMASEKERA:
`21 Q Do you recall, Mr. Donahoe, that you were
`22 previously deposed in a lawsuit between NuVasive
`23 and Medtronic?
`24 A Yes.
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`Page 325
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`1 Q Do you recall that that lawsuit involved
`2 infringement of the Medtronic patents related to
`3 a retractor?
`4 A It's quite some time ago. I do recall that it
`5 was related to retractors and -- or retractors
`6 and implants, yes.
`7 Q And do you recall that your testimony was played
`8 before a jury in the trial between Medtronic and
`9 NuVasive?
`10 A I don't recall. I wasn't in the trial room to
`11 know what they played or didn't play.
`12 Q Do you recall that NuVasive was found to
`13 infringe a Medtronic patent regarding the design
`14 of the MaXcess retractor?
`15 MR. TRIPODI: Objection. Form. Outside
`16 the notice.
`17 THE DEPONENT: I don't recall the exact
`18 conclusion of the trial.
`19 BY MS. WICKRAMASEKERA:
`20 Q Okay. You don't know what the design of the
`21 MaXcess retractor was based on, do you?
`22 MR. TRIPODI: Objection. Form. Outside
`23 the notice.
`24 THE DEPONENT: So as I mentioned, the
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`1 design of the MaXcess retractor predated my
`2 start at NuVasive. So I wasn't part of the
`3 origination and conception of the MaXcess
`4 retractor. It all happened many years before I
`5 started. So I don't know exactly what it was
`6 based on now.
`7 BY MS. WICKRAMASEKERA:
`8 Q Got it. So when you say that the MaXcess
`9 retractor was designed for the CoRoent implant,
`10 you don't, in fact, know that to be true because
`11 you don't have any personal knowledge of that,
`12 correct?
`13 MR. TRIPODI: Objection. Form.
`14 Foundation. Outside the notice.
`15 THE DEPONENT: No, that's not correct. As
`16 I described, similar to the XLIF -- or sorry --
`17 the CoRoent XL implants, there's been
`18 generational changes over time. And so as I've
`19 been at NuVasive, we've released multiple
`20 generations of MaXcess.
`21 So when I refer to it as being designed for
`22 use with CoRoent implants, that's direct
`23 knowledge when I was with the company of what it
`24 was designed for and what it was intended to be
`
`Page 328
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`1 BY MS. WICKRAMASEKERA:
`2 Q Okay. Can you -- and I believe earlier in your
`3 testimony you described how precise you are as
`4 an engineer. And so in relation to questions
`5 that I had posed to you regarding different
`6 CoRoent implants, you wanted to emphasize that
`7 you have to be very precise about the features
`8 because they're not all necessarily the same.
`9 Do you recall that testimony?
`10 MR. TRIPODI: Objection. Form.
`11 THE DEPONENT: I recall asking for
`12 precision in the questions because some of the
`13 terms used in some of the questions are very
`14 broad. So I wanted to be able to provide a good
`15 answer and an accurate answer, and so I needed
`16 better specificity in the questions and the
`17 terms being --
`18 BY MS. WICKRAMASEKERA:
`19 Q Okay. So using your very precise terminology,
`20 can you tell me the differences that you're
`21 aware of between the Alphatec Battalion implant
`22 and the NuVasive CoRoent implant?
`23 MR. TRIPODI: Objection. Form. Outside
`24 the notice. Calls for speculation.
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`Page 327
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`Page 329
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`1 used with.
`2 BY MS. WICKRAMASEKERA:
`3 Q Do you recall in that prior trial regarding
`4 Medtronic and NuVasive that NuVasive's
`5 CoRoent XL implant was also found to infringe a
`6 Medtronic implant patent?
`7 MR. TRIPODI: Objection. Form.
`8 Foundation. Outside the notice.
`9 THE DEPONENT: I can't recall exactly what
`10 the conclusions were from that trial. It was a
`11 while ago.
`12 BY MS. WICKRAMASEKERA:
`13 Q So you don't, in fact, know whether the design
`14 of the MaXcess and the CoRoent were copied from
`15 the Medtronic patent, correct?
`16 MR. TRIPODI: Objection. Form.
`17 Foundation. Outside the notice.
`18 THE DEPONENT: No.
`19 BY MS. WICKRAMASEKERA:
`20 Q Okay. Are you familiar with Alphatec's
`21 implants?
`22 MR. TRIPODI: Objection. Form.
`23 THE DEPONENT: I have a limited working
`24 knowledge of Alphatec's implants.
`
`1 THE DEPONENT: Yeah. I would be
`2 speculating. I haven't looked at any of the
`3 Battalion spacers in specific detail. You know,
`4 similar to other competitors, I don't spend my
`5 time looking specifically at their designs. I
`6 don't have access to their drawings, their CAD
`7 models.
`8 BY MS. WICKRAMASEKERA:
`9 Q What other --
`10 A So I'd be --
`11 Q Oh, sorry. Go ahead.
`12 A So I would be speculating on specific
`13 differences between the two.
`14 Q Okay. What other competitor implants are you
`15 aware of for use in lateral surgery?
`16 MR. TRIPODI: Objection. Form.
`17 THE DEPONENT: So, generally speaking, I'm
`18 aware of Medtronic, K2M, Stryker, Globus
`19 Medical, and DePuy Synthes. There's probably,
`20 last I heard, somewhere around 150 companies
`21 that have some form of a lateral implant.
`22 BY MS. WICKRAMASEKERA:
`23 Q Okay. Do you think, based on what you know of
`24 the Battalion Lateral implant, that it is the
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`1 But thank you. Thank you for your
`2 understanding here at the end.
`3 MS. WICKRAMASEKERA: Okay. I agree. It
`4 would not have made a difference because it's
`5 irrelevant.
`6 And with that, we're done.
`7 MR. TRIPODI: Okay. Mr. Donahoe, thank you
`8 very much for your time and attention.
`9 We can go off the record.
`10 MS. WICKRAMASEKERA: Thank you.
`11 VIDEOGRAPHER: This concludes today's --
`12 MR. TRIPODI: Before we go off the record,
`13 I would like to reserve the witness's right to
`14 read and sign.
`15 MS. WICKRAMASEKERA: Okay. Thank you.
`16 VIDEOGRAPHER: Okay. This concludes the
`17 testimony of Ryan Donahoe.
`18 We're going off the record at 7:56 p.m.
`19 Central time. This also concludes Media 6.
`20 (Signature reserved.)
`21 (Zoom video concluded at 7:56 p.m.)
`22
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`Page 345
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`1 CERTIFICATE
`
`2 3
`
` I, Richard D. Ehrlich, a Certified Shorthand
`4 Reporter of the State of Illinois, CSR License No.
`5 084-2019, do hereby certify that I stenographically
`6 reported the proceedings had at the Zoom video
`7 deposition, as aforesaid, and that the foregoing
`8 transcript is a true and accurate record of the
`9 proceedings had therein.
`10 IN WITNESS WHEREOF, I do set my hand at
`11 Chicago, Illinois, this 12th day of November, 2020.
`12
`
` <%2171,Signature%>
`13 Richard D. Ehrlich
` Certified Shorthand Reporter
`14 License No. 084.2019
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
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`Page 342
`1 Q And the people who are identified in many of the
`2 documents that you reviewed -- Mr. Curran,
`3 Dr. Pimenta, Mr. Miles, Dr. Peterson -- are they
`4 associated or affiliated with NuVasive in any
`5 way?
`6 A None. Not anymore.
`7 MR. TRIPODI: So, once again, as I -- for
`8 counsel and for the record -- as I tried to
`9 explain earlier today, there's no one left at
`10 NuVasive who could answer questions that you
`11 posed.
`12 As I understand one of your statements
`13 earlier today, Counsel, you indicated that you
`14 have already obtained detailed information from
`15 Mr. Miles; and, in fact, I think much of your
`16 examination today was not intended to procure
`17 information but, instead, to exact statements
`18 from the witness that he couldn't possibly
`19 answer because there's no one left at NuVasive
`20 to respond to those kinds of questions.
`21 So with that, my examination is concluded.
`22 MS. WICKRAMASEKERA: So in response to your
`23 accusation just now, that's 100 percent false.
`24 There was no information that was obtained from
`
`Page 343
`1 other witnesses. The questions were all based
`2 off the documents that were produced by NuVasive
`3 in this case.
`4 And the witness was not able to testify
`5 regarding the design and development, first sale
`6 or first use of the cement restrictor or the
`7 original CoRoent XL implant, which are all
`8 factual questions. And I did appreciate the
`9 witness's difficulty with certain legal
`10 language, so I rephrased them to only ask the
`11 factual questions, and the witness was still
`12 unable to provide that testimony.
`13 Other than that, I disagree with your
`14 characterization of things, and we will move
`15 forward, and we'll move to preclude any
`16 testimony at trial, as appropriate, based on
`17 today's deposition.
`18 MR. TRIPODI: And I'm sure you'll do
`19 whatever you want to do.
`20 I wanted to -- I obviously wanted to make
`21 you aware of all this earlier in the day, and
`22 it's unfortunate that I was unable to. It does
`23 not sound like it would've made any difference,
`24 though.
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`1 Veritext Legal Solutions
` 1100 Superior Ave
`2 Suite 1820
` Cleveland, Ohio 44114
`3 Phone: 216-523-1313
`4
`
`November 12, 2020
`
`5
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`6
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`7
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`8
`
`To: Paul D. Tripodi, Esq.
`
`Case Name: Nuvasive, Inc v. Alphatec Holdings, Inc.
`
`Veritext Reference Number: 4324177
`
`Witness: Ryan Donahoe Deposition Date: 11/6/2020
`
`9
`10 Dear Sir/Madam:
`11
`
`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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`forward the completed page(s) back to us at the Production address
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`22 Production Department
`23
`24 NO NOTARY REQUIRED IN CA
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`1 DEPOSITION REVIEW
` CERTIFICATION OF WITNESS
`
`2
`
` ASSIGNMENT REFERENCE NO: 4324177
`3 CASE NAME: Nuvasive, Inc v. Alphatec Holdings, Inc.
` DATE OF DEPOSITION: 11/6/2020
`4 WITNESS' NAME: Ryan Donahoe
`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 Ryan Donahoe
`
`14
`
` 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
`
` ___________________________________
`25 Commission Expiration Date
`
`1 DEPOSITION REVIEW
` CERTIFICATION OF WITNESS
`
`2
`
` ASSIGNMENT REFERENCE NO: 4324177
`3 CASE NAME: Nuvasive, Inc v. Alphatec Holdings, Inc.
` DATE OF DEPOSITION: 11/6/2020
`4 WITNESS' NAME: Ryan Donahoe
`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.
`
`8
`
` _______________ ________________________
`9 Date Ryan Donahoe
`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
`
` 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.
`
`15
`
`16
`
`17
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` I have affixed my name and official seal
`
` this ______ day of_____________________, 20____.
`
` ___________________________________
`18 Notary Public
`19 ___________________________________
` Commission Expiration Date
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`20
`21
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`Page 347
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`Page 349
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`1 ERRATA SHEET
` VERITEXT LEGAL SOLUTIONS MIDWEST
`2 ASSIGNMENT NO: 4324177
`3 PAGE/LINE(S) / CHANGE /REASON
`4 ___________________________________________________
`5 ___________________________________________________
`6 ___________________________________________________
`7 ___________________________________________________
`8 ___________________________________________________
`9 ___________________________________________________
`10 ___________________________________________________
`11 ___________________________________________________
`12 ___________________________________________________
`13 ___________________________________________________
`14 ___________________________________________________
`15 ___________________________________________________
`16 ___________________________________________________
`17 ___________________________________________________
`18 ___________________________________________________
`19
`
` _______________ ________________________
`20 Date Ryan Donahoe
`21 SUBSCRIBED AND SWORN TO BEFORE ME THIS ________
`22 DAY OF ________________________, 20______ .
`23 ___________________________________
` Notary Public
`
`24
`
` ___________________________________
`25 Commission Expiration Date
`
`www.veritext.com
`
`Veritext Legal Solutions
`
`88 (Pages 346 - 349)
`
`888-391-3376
`
`EXHIBIT 11, Page 157 of 159
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`

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`Case 3:18-cv-00347-CAB-MDD Document 342-12 Filed 10/29/21 PageID.31469 Page 9 of
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`ERRATA SHEET FOR THE TRANSCRIPT OF:
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`Case Name: NuVasive, Inc. v. Alphatec Holdings, Inc., et al.
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`Deponent:
`
`Ryan Donahoe
`
`Dep. Date: November 6, 2020
`
`I wish to make the following changes for the following reasons:
`
`Pg. Ln. Now Reads
`
`Should Read
`
`253 15
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`“There are more bolded versions of
`the CoRoent XL implants.”
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`“There are more versions of the CoRoent XL
`implants.”
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`_____________________________________________
`Ryan Donahoe
`
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`This ________ day of ________, 2020
`
`10th
`
`December
`
`EXHIBIT 11, Page 158 of 159
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`

`

`Case 3:18-cv-00347-CAB-MDD Document 342-12 Filed 10/29/21 PageID.31470 Page 10 of
`10
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`ACKNOWLEDGMENT OF DEPONENT
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`I, Ryan Donahoe, declare under penalty of perjury that I have read and examined the foregoing
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`transcript of my deposition taken on November 6, 2020, and that the same is a true, correct and
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`complete transcription of the testimony given by me and any corrections appears on the
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`attached Errata Sheet signed by me.
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`DATED: ______ day of _________, 2020
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`
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`________________________________________
`Ryan Donahoe
`
`10th
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`December
`
`EXHIBIT 11, Page 159 of 159
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