`Case 1:21-cv-01445-JPM Document 79-2 Filed 11/10/22 Page 1 of 5 PagelD #: 1849
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`Case 1:21-cv-01445-JPM Document 79-2 Filed 11/10/22 Page 2 of 5 PageID #: 1850
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`1
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`· · · 1· · · · · · UNITED STATES DISTRICT COURT
`· · · 2· · · · · · FOR THE DISTRICT OF DELAWARE
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`· · · 3· ·--------------------------X
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`· · · 4· ·GLOBUS MEDICAL, INC.· · ·:
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`· · · 5· · · · · · · · · Plaintiff,:· ·Case No.
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`· · · 6· · · · v.· · · · · · · · · :· ·21-1445 (JPM)
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`· · · 7· ·LIFE SPINE, INC.· · · · · :
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`· · · 8· · · · · · · · · Defendant.:
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`· · · 9· ·--------------------------X
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`· · ·10
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`· · ·11· · REMOTE VIDEOTAPED STENOGRAPHIC DEPOSITION OF
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`· · ·12· · · · · · · · CHRISTOPHER MCDONNELL
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`· · ·13· · · · · · · Friday, October 14, 2022
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`· · ·14· · · · · · · ·12:07 p.m. Eastern Time
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`· · ·15
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`· · ·16
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`· · ·17
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`· · ·18· ·Job No.:· 867406
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`· · ·19· ·Pages:· 1 - 61
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`· · ·20· ·STENOGRAPHICALLY REPORTED BY:
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`· · ·21· ·GISELLE MITCHELL-MARGERUM, RPR, CRI, CCR, LCR, CSR,
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`· · ·22· ·CALIFORNIA CSR 14424
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`· · ·23
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`· · ·24
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`· · ·25
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`Case 1:21-cv-01445-JPM Document 79-2 Filed 11/10/22 Page 3 of 5 PageID #: 1851
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`43
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`·1· · · · Q.· ·Is there anything else you want to
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`·2· ·tell the Court about the construction of the
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`·3· ·term, "elongate fin," beyond what's set forth
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`·4· ·in your written report?
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`·5· · · · A.· ·As mentioned previously, my -- my
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`·6· ·opinion in this report is based on information
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`·7· ·evaluated at the time the report was prepared.
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`·8· ·I have not reviewed any additional information
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`·9· ·to amend or modify my current opinion.
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`10· · · · Q.· ·You do not opine in your report that
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`11· ·the phrase, "elongate fin" was a technical
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`12· ·term of art that had a particular meaning
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`13· ·known to a person of skill at the time of this
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`14· ·patent.
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`15· · · · · · · · · Is that correct?
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`16· · · · A.· ·Can you rephrase the question,
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`17· ·please?
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`18· · · · Q.· ·You do not opine in your written
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`19· ·report that the term, "elongate fin," was a
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`20· ·technical term of art with an established
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`21· ·meaning, known to a person of art at the time
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`22· ·of this patent.· Correct?
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`23· · · · A.· ·My opinion for the term "elongate
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`24· ·fin," is as it is used in the particular
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`25· ·patent.· As it was used in the '128 Patent.
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`Case 1:21-cv-01445-JPM Document 79-2 Filed 11/10/22 Page 4 of 5 PageID #: 1852
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`44
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`·1· · · · Q.· ·Your opinion about the meaning of
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`·2· ·the term, "elongate fin," is based solely on
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`·3· ·your reading of the text of the patent,
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`·4· ·including the claims in the specification.
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`·5· ·Correct?
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`·6· · · · A.· ·My opinion on the meaning of the
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`·7· ·term "elongate fin," was based on the reading
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`·8· ·of the patent claims, as well as the
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`·9· ·specification.
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`10· · · · Q.· ·Anything else that your opinion's
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`11· ·based on, beyond just the text of the patent?
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`12· · · · A.· ·Nothing to add.
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`13· · · · Q.· ·Your report next discusses the term
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`14· ·"anchor backout prevention mechanism."· Do you
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`15· ·see that?
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`16· · · · A.· ·Yes.
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`17· · · · Q.· ·And under the heading, "Life
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`18· ·Spine -- Life Spine's Construction," your
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`19· ·report states, "Governed by Section 112f."
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`20· · · · · · · · · What does that mean?
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`21· · · · A.· ·I don't know the specifics, or
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`22· ·recall the specifics of that section of the
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`23· ·statute.
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`24· · · · Q.· ·Do you have any opinion about
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`25· ·whether the term, "anchor backout prevention
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`Case 1:21-cv-01445-JPM Document 79-2 Filed 11/10/22 Page 5 of 5 PageID #: 1853
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`59
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`·1· · · · · · · · REPORTER'S· CERTIFICATE
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`·2
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`·3· · · · I, GISELLE MITCHELL-MARGERUM, the undersigned,
`· · ·a Registered Professional Reporter, Certified
`·4· ·Reporting Instructor, Licensed Court Reporter, and
`· · ·Certified Court Reporter, do hereby certify:
`·5
`· · · · · That the witness, CHRISTOPHER MCDONNELL,
`·6· ·before examination was remotely duly sworn to
`· · ·testify to the truth, the whole truth, and nothing
`·7· ·but the truth.
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`·8· · · · That the foregoing deposition was taken
`· · ·remotely stenographically by me on Friday, October
`·9· ·14, 2022, and thereafter was transcribed by me, and
`· · ·that the deposition is a full, true, and complete
`10· ·transcript of the testimony, including questions
`· · ·and answers, and objections, motions and exceptions
`11· ·made by counsel.
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`12· · · · That reading and signing was requested; and
`· · ·that I am neither attorney nor counsel for, nor
`13· ·related to or employed by, any of the parties to
`· · ·the action in which this deposition was taken; and
`14· ·that I have no interest, financial or otherwise, in
`· · ·this case.
`15
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`16· · · · · · ·IN WITNESS WHEREOF, I have hereunto set
`· · ·my hand this 21st day of October· 2022
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`21· ·GISELLE MITCHELL-MARGERUM, RPR, CRI, CCR, LCR, CSR
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`22· ·CALIFORNIA CSR 14424
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`23
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`24
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`25
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