EXHIBIT 10
`EXHIBIT 10
`
`DECLARATION OF TRENT D. TANNER
`DECLARATION OF TRENT D. TANNER
`IN SUPPORT OF
`IN SUPPORT OF
`NUVASIVE'S OPPOSITION TO
`NUVASIVE'S OPPOSITION TO
`DEFENDANTS' MOTIONS IN LIMINE NOS. 1-10
`DEFENDANTS' MOTIONS IN LIMINE NOS. 1-10
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`Message
`
`
`
`From:
`
`Sent:
`
`To:
`
`Paul McClintock [PMcClintock@nuvasive.com]
`
`11/21/2016 10:17:59 PM
`
`Hooman Melamed, MD [thespinepro@gmail.com]
`
`Subject:
`
`NuVasive
`
`Dr. Melamed,
`
`| hope you're well. One of the things | love about my new role is that | get to see firsthand what we are going to do to
`spine surgery in the future. We will make it better, more predictable, less invasive, more technology-based, and far
`more reproducible than it is today. I've only known you over the last decade from a distance but what | can say | have
`learned during that time is that your passion to do the same thing is incredibly similar, and incredibly strong. That
`mindset is the mindset that we unequivocally want to partner alongside.
`
`We are very thoughtful about how we approach development projects regarding our ability to drive FDA approval, a true
`path to market acceptance, as well as a solid path to commercial success. Those things don’t happen overnight. The
`projects we greenlight almost always come to fruition, and once given that greenlight, they happen fast. It's a testament
`to our up front due diligence, which can be painful. | would have loved nothing more than to have been able to give you
`a clear path sooner. A month ago, our long-time President & COQ, Pat Miles, whom you have met, stepped down. He
`remains on our board. Jason Hannon, our former Gen Counsel, former Director of Strategy, and our current President of
`International, has taken that role. We didn’t intend for this to happen. Over the last 30 days, he has been in in the
`process of reviewing all open projects we need to get out of the gates. He and | have spoken at length about you.
`
`For the last few years, Jason has been based in our international headquarters in Amsterdam. He is there now for the
`holiday and is coming back in a week. Over the last month, as he has pieced together all of our outstanding projects, he
`has put a comprehensive development map together, including how surgeons will play a role in each one. He asked me
`late last week in San Diego if it would be okay to get back with you after he has completed that effort during this 2 week
`period in Holland. | told him | thought it would but would let you know. His effort is around funding the key projects for
`2017 and 2018 that we will pursue with intensity and he is aware of all the conversations we have had from SRS to our
`visit at Jerry's to the recent conversations around your pending iliac research, and ALIF implant design. If it is okay with
`you, I'd like to have him reach out to you just after he returns from Europe next week to mutually define a path that
`intrigues both you and NuVasive. Is that okay? If yes, I'll send a separate email to intro you to him so you can work on
`details. Again, this isn’t what we expected to happen but we are excited as it has pushed the urgency around this effort
`to the forefront. Jason is a lawyer, a business strategist, and an obsessive loop closer. This will not go on for long at all.
`Please let me know and trust that | know this path has not been on our optimal timeline but | do believe that it can be a
`great thing.
`
`Thank you.
`
`Carpe Diem,
`
`Paul McClintock
`Vice President, U.S. Commercial, Pacific
`
`NuVasive, Inc.
`C: 310.963.6328
`
`pmcclintock@nuvasive.com
`www.nuvasivespinefoundation.org
`
`Highly Confidential - Outside Attorney's Eyes Only
`
`NUVA_ATEC0331859
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`EXHIBIT 10
`Page 417
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