Case 3:18-cv-00347-CAB-MDD Document 363 Filed 12/20/21 PageID.34455 Page 1 of 11
`
`WILSON SONSINI GOODRICH & ROSATI P.C.
`MORRIS FODEMAN (pro hac vice)
`mfodeman@wsgr.com
`WENDY L. DEVINE (SBN 246337)
`wdevine@wsgr.com
`NATALIE J. MORGAN (SBN 211143)
`nmorgan@wsgr.com
`12235 El Camino Real
`San Diego, CA 92130
`(858) 350-2300
`
`HILGERS GRABEN PLLC
`MICHAEL T. HILGERS (pro hac vice)
`mhilgers@hilgersgraben.com
`575 Fallbrook Blvd, Suite 202
`Lincoln, NE 68521
`(402) 218-2106
`
`Attorneys for Plaintiff NuVasive, Inc.
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
`NUVASIVE, INC., a Delaware
`CASE NO.: 18-cv-00347-CAB-MDD
`corporation,
`
`))))))))))))))))
`
`Plaintiff,
`
`v.
`
`ALPHATEC HOLDINGS, INC., a
`Delaware corporation, and ALPHATEC
`SPINE, INC., a California corporation,
`Defendants.
`
`PARTIES' [PROPOSED] JOINT
`VOIR DIRE QUESTIONS
`
`Judge: Hon. Cathy Ann Bencivengo
`Magistrate Judge: Mitchell D. Dembin
`Courtroom: 15A
`Trial: January 10, 2022
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`18-cv-00347-CAB-MDD
`
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`

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`ADDITIONAL COUNSEL INFORMATION:
`NIMALKA R. WICKRAMASEKERA (SBN: 268518)
`nwickramasekera@winston.com
`DAVID P. DALKE (SBN: 218161)
`ddalke@winston.com
`LEV TSUKERMAN (SBN: 319184)
`ltsukerman@winston.com
`WILLIAM M. WARDLAW (SBN: 328555)
`wwardlaw@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
`
`ROBERT N. KANG (SBN: 274389)
`rkang@winston.com
`WINSTON & STRAWN LLP
`101 California Street, 35th Floor
`San Francisco, CA 94111-5840
`Telephone: (415) 591-1000
`Facsimile: (415) 491-1400
`
`Attorneys for Defendants ALPHATEC HOLDINGS, INC.
`AND ALPHATEC SPINE, INC.
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`18-cv-00347-CAB-MDD
`
`

`

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`The Parties respectfully request that the Court obtain and provide to all
`parties for use during voir dire examination personal data from all prospective
`jurors, including:
`1.
`Do you know any of the other members of this jury panel? If so,
`please describe.
`2.
`Do you know Judge Bencivengo or any of the Court's staff, including
`the clerk, bailiff, reporter, law clerks, or secretary? If so, please describe.
`3.
`If you are selected to sit on this case, I will instruct you on the law,
`and you will be expected to apply the law to the facts in this case as I give it to
`you, even if you disagree with the law. Does anyone think they have a problem
`with following that instruction?
`4.
`If you are selected to sit on this case, I will also instruct you that you
`must decide this case based on the evidence presented at trial. That means you
`cannot do any research on your own or consult with other people about the case.
`Does anyone think they have a problem with following that instruction?
`5.
`Does anyone believe that monetary damages awarded in lawsuits are
`generally too low? Does anyone believe that monetary damages awarded in
`lawsuits are generally too high?
`6.
`Does anyone have any special disability or problem that would make
`serving as a member of the jury difficult or impossible? If yes, please explain.
`7.
`Having heard the general nature of the case, is there anyone who has
`heard of this case? If yes, please explain.
`8.
`Having heard the general nature of the case, is there anything about
`this case that would make it difficult to be fair and impartial in hearing the
`evidence in this case?
`9.
`[Counsel to introduce themselves, their team, and their client.] Do any
`of you know the parties or counsel to this case? If yes, please describe how you
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`8
`
`18-cv-00347-CAB-MDD
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`

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`know them. Do you have any strong feelings about them, positive or negative, that
`might make it difficult for you to be a fair and impartial juror in this case?
`10. Have you, an immediate family member, or anyone close to you ever
`worked for, had any business dealings with, or had a financial or stock interest in:
`NuVasive, Alphatec, Wilson Sonsini, Hilgers Graben, or Winston & Strawn?
`11. Have you, an immediate family member, or anyone close to you ever
`used any products or services offered by either NuVasive or Alphatec?
`12. The Court has also given you the names of people who are
`prospective witnesses in the case. Does anyone see a name that looks familiar to
`them? If yes, how are you familiar with them? What is your opinion, if you have
`any?
`
`13. Have you, an immediate family member, or anyone close to you ever
`been involved in a civil or criminal case as a witness, a party, or a juror?
`a. What was the nature of the case?
`b. What was the outcome?
`c. Anything about those experiences that you think would impact
`your ability to be a fair and impartial juror?
`d. Have you, an immediate family member, or anyone close to you
`had any previous experience with a lawsuit that has given you any
`opinions one way or another about our court system? If so, what are
`those opinions or beliefs?
`14. Does anyone have strong feelings about the legal system or lawsuits
`that would make it difficult to be a fair and impartial juror?
`15. Do you have strong feelings, negative or positive, about large
`corporations?
`16. What is the highest level of education you have attained?
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`2
`
`18-cv-00347-CAB-MDD
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`

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`17. What is your primary source of news? If radio or TV, what stations
`do you listen to? What websites?
`18. Does anyone have strong feelings about patents or lawsuits involving
`patent infringement, or the U.S. patent system that would make it difficult to be a
`fair and impartial juror?
`19. Have you, or has someone close to you, ever developed or invented a
`process, device, or other invention which seemed to be new, useful, and valuable in
`the marketplace?
`20. Have you, an immediate family member, or anyone close to you ever
`had any experience with patents or the patent system? If yes, please explain and
`note whether this was positive or negative.
`[Alphatec Position: Who here believes strongly that if the Patent
`21.
`Office granted a patent, it should never be "overturned?"] [NuVasive Position: to
`the extent this question is included, then the following question should also be
`included – “Who here believes no one should ever receive a patent and patents
`should never be enforced?”]
`22. Have you, or has someone close to you, ever concluded that an
`original idea, creation or invention of yours (or belonging to that person) was
`improperly used, or stolen by someone else? Or have you or someone close to you
`ever been accused of taking or using someone else's idea or invention?
`23. Have you, an immediate family member, or anyone close to you ever
`been employed by or otherwise associated with, a company that has been involved
`in a case about patent infringement? If yes, please explain.
`24. Have you, an immediate family member, or anyone close to you ever
`been employed by the United States Patent and Trademark Office or the United
`States International Trade Commission? If yes, please explain.
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`3
`
`18-cv-00347-CAB-MDD
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`

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`25. Have you, an immediate family member, or anyone close to you had
`any experience or special training in any of the following fields/industries:
` Medical or healthcare (nursing/physician/physical therapy)
` Law/legal
` Biomedical/medical devices
` Sales
` Accounting/economics/finance
` Product Licensing/Royalty agreements
` Contract negotiations
`26. Have you or a close family member ever owned a business? If yes,
`please explain the nature of the business and number of employees, etc.
`27. Have you, an immediate family member, or anyone close to you ever
`had a spinal condition, chronic back pain, or back or neck surgery? If yes, please
`explain the issue and how it was managed or resolved.
`28. Have you, an immediate family member, or anyone close to you ever
`had a significantly bad or good experience with any surgery? If yes, please
`explain.
`29. Have you, an immediate family member, or anyone close to you ever
`been involved in a lawsuit regarding medical malpractice? If yes, please explain.
`30. Do you have any strong positive or negative views regarding
`medicine, healthcare, or nursing? If yes, please explain.
`31. Have you ever been employed as a sales representative for a
`company?
`32. Have you ever left a job for another position at a competing company?
`33.
`Is there any other matter which you believe should be called to the
`Court's attention as having some bearing upon your qualifications or ability to sit
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`4
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`18-cv-00347-CAB-MDD
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`

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`as a juror, or which you think may prevent you from rendering a fair and impartial
`verdict based solely upon the evidence and my instructions as to the law?
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`5
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`18-cv-00347-CAB-MDD
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`

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`Dated: December 20, 2021 WILSON SONSINI GOODRICH & ROSATI
`By: /s/ Christina Dashe
`Christina Dashe
`Morris Fodeman (pro hac vice)
`mfodeman@wsgr.com
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019-6022
`(212) 999-5800
`
`Wendy L. Devine (SBN 246337)
`wdevine@wsgr.com
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, California 94105-1126
`(415) 947-2000
`
`Natalie J. Morgan (SBN 211143)
`nmorgan@wsgr.com
`Christina Dashe (SBN 292360)
`cdashe@wsgr.com
`12235 El Camino Real
`San Diego, CA 92130
`(858) 350-2300
`
`HILGERS GRABEN PLLC
`Michael T. Hilgers (pro hac vice)
`mhilgers@hilgersgraben.com
`575 Fallbrook Blvd., Suite 202
`Lincoln, NE 68521
`(402) 218-2106
`Attorneys for Plaintiff NuVasive, Inc.
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`6
`
`18-cv-00347-CAB-MDD
`
`

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`WINSTON & STRAWN LLP
`
`By: /s/ Robert N. Kang
`ROBERT N. KANG (SBN: 274389)
`rkang@winston.com
`WINSTON & STRAWN LLP
`101 California Street, 35th Floor
`San Francisco, CA 94111-5840
`Telephone: (415) 591-1000
`Facsimile: (415) 491-1400
`
`Attorneys for Defendants Alphatec Holdings,
`Inc. and Alphatec Spine, Inc.
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`7
`
`18-cv-00347-CAB-MDD
`
`

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`SIGNATURE ATTESTATION
`
` I, Christina Dashe, hereby attest that I obtained the concurrence of Robert N.
`Kang in filing this document. I declare under penalty of the laws of the United
`States that the foregoing is true and correct.
` Executed this 20th Day of December 2021 at San Diego, California.
`
`Dated: December 20, 2021 WILSON SONSINI GOODRICH & ROSATI, P.C.
`By: /s/ Christina Dashe
`CHRISTINA DASHE
`
`PARTIES' [PROPOSED] JOINT VOIR DIRE
`QUESTIONS
`
`8
`
`18-cv-00347-CAB-MDD
`
`

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`Case 3:18-cv-00347-CAB-MDD Document 363 Filed 12/20/21 PageID.34465 Page 11 of 11
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`CERTIFICATE OF SERVICE
`The undersigned certifies that a true and correct copy of the foregoing
`document has been served on this date to all current and/or opposing counsel of
`record, if any to date, who are deemed to have consented to electronic service via
`the Court’s CM/ECF system per Civ.L.R. 5.4(d). Any other counsel of record will
`be served by electronic mail, facsimile and/or overnight delivery.
`I declare under penalty of perjury under the laws of the United States of
`America that the above is true and correct. Executed this 20th day of December
`2021 at Los Angeles, California.
`
`By: /s/ Soo Kim
`Soo Kim
`
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`CERTIFICATE OF SERVICE
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`18-cv-00347-CAB-MDD
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