`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`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,
`)
`DECLARATION OF WENDY L.
`
`)
`DEVINE IN SUPPORT OF
` Plaintiff,
`)
`NUVASIVE, INC.’S BENCH
`
`)
`BRIEF REGARDING NEXUS AND
`v.
`)
`XLIF
`
`)
`
`)
`
`ALPHATEC HOLDINGS, INC., a
`)
`
`Delaware corporation, and ALPHATEC
`)
`PER CHAMBERS RULES, NO
`SPINE, INC., a California corporation,
`)
`ORAL ARGUMENT UNLESS
`
`)
`SEPARATELY ORDERED BY THE
` Defendants.
`)
`COURT
`
`)
`
`Judge: Hon. Cathy Ann Bencivengo
`)
`)
`Magistrate Judge: Mitchell D. Dembin
`)
`
`)
`Trial: 3/1/2022
`
`DECLARATION OF WENDY DEVINE
`ISO NUVASIVE’S BENCH BRIEF RE
`NEXUS AND XLIF
`
`
`
`
`
`18-cv-00347-CAB-MDD
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`I, Wendy L. Devine, declare as follows,
`1.
`I am a partner with Wilson Sonsini Goodrich & Rosati, and counsel
`for Plaintiff NuVasive, Inc. (“NuVasive”) in the above captioned matter. I submit
`this Declaration in Support of NuVasive’s Bench Brief Regarding Nexus And
`XLIF. I have personal knowledge of the facts set forth herein based on
`information made available to me and, if called as a witness, I would be competent
`to testify thereto.
`Attached hereto as Exhibit A is a true and correct copy of excerpts of
`2.
`the Reporter’s Transcript of Proceedings Status Hearing, dated February 28, 2022.
`Attached hereto as Exhibit B is a true and correct copy of excerpts of
`3.
`the Court’s Trial Transcript of Proceedings Day 2, dated March 2, 2022.
`Attached hereto as Exhibit C is a true and correct copy of
`4.
`correspondence between counsel for NuVasive and counsel for Alphatec, dated
`March 2, 2002.
`I declare under penalty of perjury under the laws of the United States of
`America that the foregoing is true. Executed this 4th day of March in 2022 in San
`Diego, California.
`
`
`By:
`
`/s/ Wendy L. Devine
`WENDY L. DEVINE
`
`
`
`DECLARATION OF WENDY DEVINE
`ISO NUVASIVE’S BENCH BRIEF RE
`NEXUS AND XLIF
`
`1
`
`18-cv-00347-CAB-MDD
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`INDEX OF EXHIBITS
`
`PAGE NUMBER(S)
`
`3-8
`9-12
`13-24
`
`EXHIBIT NO.
`A
`B
`C
`
`DECLARATION OF WENDY DEVINE
`ISO NUVASIVE’S BENCH BRIEF RE
`NEXUS AND XLIF
`
`2
`
`18-cv-00347-CAB-MDD
`
`
`
`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 4th day of March 2022, at
`San Diego, California.
`
`
`
`
`
`
`
`
`By: /s/ Arlene Apodaca
`ARLENE APODACA
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`1
`
`18-cv-00347-CAB-MDD
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
