Case 3:18-cv-00347-CAB-MDD Document 395-4 Filed 03/10/22 PageID.34808 Page 1 of 4
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`EXHIBIT 4 TO NUVASIVE, INC.’S
`NOTICE OF LODGMENT OF WITNESS
`DEPOSITION DESIGNATION CLIP REPORTS
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`Case 3:18-cv-00347-CAB-MDD Document 395-4 Filed 03/10/22 PageID.34809 Page 2 of 4
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`NuVasive v. Alphatec - Video
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`Aleali, Mike (Vol. 01) - 10/30/2020
`1 CLIP (RUNNING 00:05:08.872)
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`Nuvasive v Alphatech - AS
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`20 SEGMENTS (RUNNING 00:05:08.872)
`MA2-ALL V3
`1. PAGE 8:07 TO 8:12 (RUNNING 00:00:12.334)
` 07 Q. Good morning, Mr. Aleali.
` 08 A. Good morning.
` 09 Q. Can you please state and spell your name
` 10 for the record?
` 11 A. First name is Mike, M-i-k-e. Last name
` 12 is Aleali, A-l-e-a-l-i.
`2. PAGE 60:25 TO 61:03 (RUNNING 00:00:09.691)
` 25 Q. When you were last deposed in about
` 00061:01 December of 2019, what was your position at
` 02 Alphatec?
` 03 A. Product manager for lateral systems.
`3. PAGE 61:20 TO 61:25 (RUNNING 00:00:17.248)
` 20 Q. Have you been promoted at all since your
` 21 last deposition in this case?
` 22 A. Yes. So now I am senior product manager
` 23 of anterior column. Essentially that means senior
` 24 product manager over lateral and ALIF, or the
` 25 anterior approach to the spine.
`4. PAGE 67:06 TO 67:09 (RUNNING 00:00:09.054)
` 06 Q. Now, all three of IdentiTi, Transcend and
` 07 Battalion lateral implants can be used with
` 08 Alphatec's Squadron lateral retractor; is that
` 09 right?
`5. PAGE 67:12 TO 67:12 (RUNNING 00:00:00.680)
` 12 THE WITNESS: That is correct.
`6. PAGE 67:14 TO 67:19 (RUNNING 00:00:19.136)
` 14 Q. And can the Transcend and/or Battalion
` 15 lateral implants be used with any other types of
` 16 retractors?
` 17 A. I mean, they can go down any retractor.
` 18 It just needs something to open up to visualize the
` 19 disc space and go in.
`7. PAGE 68:06 TO 68:11 (RUNNING 00:00:24.566)
` 06 Q. I guess to be more clear, are Alphatec's
` 07 Transcend and/or Battalion lateral implants ever
` 08 used with any nonSquadron but still
` 09 Alphatec-branded retractor?
` 10 A. Yes. It will go down the -- our PTP
` 11 retractor.
`8. PAGE 87:03 TO 87:07 (RUNNING 00:00:20.522)
` 03 Q. Was the Battalion lateral implant
` 04 designed to be used with the Squadron retractor?
` 05 A. There is nothing specific to the implant
` 06 that mates with the retractor, if that is what you
` 07 are saying. But I don't know.
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`CONFIDENTIAL
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`Case 3:18-cv-00347-CAB-MDD Document 395-4 Filed 03/10/22 PageID.34810 Page 3 of 4
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`NuVasive v. Alphatec - Video
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`9. PAGE 87:08 TO 87:11 (RUNNING 00:00:08.783)
` 08 Q. Alphatec intended for the Battalion
` 09 lateral implant to be used in surgery with the
` 10 Squadron retractor, right?
` 11 A. That is correct.
`10. PAGE 107:04 TO 107:08 (RUNNING 00:00:27.074)
` 04 Q. Mr. Aleali, if you have the physical copy
` 05 in front of you, I'm going to mark as Exhibit 6
` 06 here a document Bates labeled ATEC_LLIF 00964710 to
` 07 4717. It is entitled "Transcend LIF Lateral
` 08 Interbody Spacer System." This will be Exhibit 6.
`11. PAGE 107:24 TO 108:02 (RUNNING 00:00:10.851)
` 24 Q. Mr. Aleali, do you know what Exhibit 6
` 25 is?
` 00108:01 A. Yes. This is the Transcend LIF interbody
` 02 implant guide.
`12. PAGE 108:25 TO 109:06 (RUNNING 00:00:26.294)
` 25 Q. Who created Exhibit 6?
` 00109:01 A. I created this one.
` 02 Q. How did you go about creating Exhibit 6?
` 03 A. I worked off the Battalion guide,
` 04 highlighted the similar sizing conventions and made
` 05 some updates throughout to make this, I guess, more
` 06 accurate, if you will.
`13. PAGE 110:11 TO 110:13 (RUNNING 00:00:07.952)
` 11 Q. Is it Alphatec's regular business
` 12 practice to create implant guides like that in
` 13 Exhibit 6?
`14. PAGE 110:15 TO 110:15 (RUNNING 00:00:00.756)
` 15 THE WITNESS: Yes, it is.
`15. PAGE 117:06 TO 117:10 (RUNNING 00:00:12.036)
` 06 Does Alphatec intend for its Transcend
` 07 lateral implants to be used with the Squadron
` 08 lateral retractor?
` 09 A. I mean, holistically, with the system,
` 10 yes.
`16. PAGE 117:23 TO 118:04 (RUNNING 00:00:27.206)
` 23 Q. Have there ever been any surgeries to
` 24 date where a Battalion lateral or Transcend lateral
` 25 implants have been placed using access equipment
` 00118:01 that is not Alphatec's?
` 02 A. I think so, before IdentiTi came out.
` 03 And I think that may have been like literally a
` 04 handful of cases, like, less than five or so.
`17. PAGE 118:20 TO 118:24 (RUNNING 00:00:30.242)
` 20 Q. All right. And for the record, Exhibit 7
` 21 is a document entitled "LIF Lateral Interbody
` 22 Fusion Lateral Approach Surgical Technique Guide"
` 23 with Bates numbers ATEC_LLIF 00167276 to 7293. And
` 24 that is Exhibit 7.
`18. PAGE 119:03 TO 119:05 (RUNNING 00:00:10.245)
` 03 Q. What is Exhibit 7?
` 04 A. This is the Alphatec lateral surgical
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`Case 3:18-cv-00347-CAB-MDD Document 395-4 Filed 03/10/22 PageID.34811 Page 4 of 4
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`NuVasive v. Alphatec - Video
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` 05 technique guide.
`19. PAGE 119:09 TO 119:19 (RUNNING 00:00:33.827)
` 09 Q. It looks like Exhibit 7 -- on the last
` 10 page there, it looks like it was created about
` 11 September of 2019.
` 12 Does that sound right?
` 13 A. That does.
` 14 Q. Did you create Exhibit 7?
` 15 A. Following the same procedures and
` 16 participation of other Alphatec employees, yes.
` 17 Q. Is it Alphatec's regular business
` 18 practice to create surgical technique guides like
` 19 Exhibit 7?
`20. PAGE 119:21 TO 119:21 (RUNNING 00:00:00.375)
` 21 THE WITNESS: Yes.
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`TOTAL: 1 CLIP FROM 1 DEPOSITION (RUNNING 00:05:08.872)
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`CONFIDENTIAL
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