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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`HONORABLE MICHAEL M. ANELLO, DISTRICT JUDGE
`
`_____________________________
`)
`MEDTRONIC SOFAMOR DANEK, USA ) CASE NO. 08 CV 1512-MMA
`ET AL.,
`)
`)
`)
`)
`) AUGUST 30, 2011
`)
`) TUESDAY, 8:30 AM
`)
`) TRIAL - DAY ONE
`DEFENDANT.
`_____________________________)
`
`PLAINTIFF,
`
`VS.
`
`NUVASIVE, INC.,
`
`
`
`
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
`APPEARANCES:
`
`FOR THE PLAINTIFF:
`
`
`
`
`
`FOR THE DEFENDANT:
`
`LUKE L. DAUCHOT, ESQ.
`NIMALKA WICKRAMASEKERA, ESQ.
`SHARRE LOTFOLLAHI, ESQ.
`ALEXANDER F. MACKINNON, ESQ.
`MICHAEL DOBSZEWICZ, ESQ.
`KIRKLAND & ELLIS, LLP
`
`JEFF SCHWARTZ, ESQ.
`DEWEY & LEBOEUF
`
`FRANK SCHERKENBACH, ESQ.
`TODD G. MILLER, ESQ.
`JONATHAN J. LAMBERSON, ESQ.
`NEIL WARREN, ESQ.
`KEELEY I. VEGA, ESQ.
`FISH & RICHARDSON, P.C.
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`USDC, SOUTHERN DISTRICT OF CA
`PO BOX 131037, SAN DIEGO, CA 92170
`
`1
`
`NUVASIVE 1043
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`IPR2013-00206
`IPR2013-00208
`
`

`

` EADY FOR YOUR FI
` IGHT, MR. DAUCHOT, YOU R
`ALL RIGHT, MR. DAUCHOT, YOU READY FOR YOUR FIRST
`
` 1
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` 2
`WITNESS?
`
`109
` 109
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`MR. DAUCHOT:
`MR. DAUCHOT: I AM, YOUR HONOR.
`I AM, YOUR HONOR.
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`
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`THE COURT:
`ALL RIGHT.
`THE COURT: ALL RIGHT.
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`MR. DAUCHOT:
`JUST A HOUS
`MR. DAUCHOT: JUST A HOUSEKEEPING, YOUR HONOR.
`fiKZfiB NG, YOUR HONOR.
`
`
`
`
` fl W LL Wfi HAVfi THfi M D AET
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`
`
`ERNOON.
`WHAT TIME WILL WE HAVE THE MID AFTERNOON.
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`
`
`THE COURT: TYPICALLY AROUND 3:00 O'CLOCK, UNLESS
`THE COURT:
`TYPICAHLY AROJND 3:00 O'CLOCK, UNLI
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`
`
`
`
`D
`THAT TURNS OUT TO B1
`NCONVfiN fiNT.
`BUT THAT'S WHAT I HA
`THAT TURNS OUT TO BE INCONVENIENT. BUT THAT'S WHAT I HAD
`
`
` N M
`:OO O'CEOCK.
`IN MIND, 3:00 O'CLOCK.
`ND,
`
`R. DAUC{OT:
`THAT WORKS FOR MY
`MR. DAUCHOT: THAT WORKS FOR MY END.
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`FOR OUR FIRST WITNESS, YOUR HONOR, WE'RE CALLING
`FOR OUR EIRST w TNfiSS, YOUR HONOR, w:
`
`
` CH *TTISON .
`DR. GARY M
`DR. GARY MICHELSON.
`
`
`
`
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`fiXAM NAT ON OE DR. GARY CARL N M CHfiLSON
`EXAMINATION OF DR. GARY CARLIN MICHELSON
`
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`
`
`THU
`THE COURT: ALL RIGHT, SIR. IF YOU'D COME ALL THE
`THE COURT:
`ALL RIGHT,
`S R.
`E YOU'D COME ALL
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`
`WAY UP FRONT, WHEN YOU GET UP HERE, OUR CLERK WILL HAVE YOU
`WAY JP FRONT, WHEN YOU GET UP HfiRfi, OUR CLfiRK W LL HAVE
`
`
`
`
`RA Sfi
`YOUR
`RIGiT HAND AND SWEAR YOU IN.
`RAISE YOUR RIGHT HAND AND SWEAR YOU IN.
`
`T
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`
`{fl C'fiRK:
`PLfiASZ RA Sfi YOJR RIGHT HAND.
`THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
`
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`DO YOJ SOHEMNLY SWfiAR TiAT THZ
`18
`DO YOU SOLEMNLY SWEAR THAT THE EVIDENCE YOU SHALL GIVE
` _.
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`1 CAUS
`19
`IN THE CAUSE NOW BEFORE THE COURT IS THE TRUTH, THE WHOLE
`NOW BfiEORfi THfi COURT
`S THU TRUTH, THE WHOLH
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` YOJ
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`HELP YOU GOD?
`TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
`AND NOTHING BUT THE TRUTH,
`SO
`
`
`
`T fl W TNfiSS:
`
`
`I DO.
`THE WITNESS: I DO.
`
`
`
`
`fl C'fiRK:
`P'fiASZ
`E YOUR FULL NAM:
`THE CLERK: PLEASE STATE YOUR FULL NAME FOR THE
`
`
`
`
`RECORD AND SPELL IT, PLEASE.
`ECORD AND SPZ"
`T, P'fiASZ.
`
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`ES.
`GARY CARL
`THE WITNESS: YES. GARY CARLIN MICHELSON,
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`E—L—S—O—N.
`MICHELSON IS M-I-C-H-E-L-S-O-N.
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` T
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`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`ZABfiTH CfiSfiNA, CSR 12266,
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfiRN D STR CT OE CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D UGO, CA 92170
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`2
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`

`

`110
` 110
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`THE COURT: THANK YOU, SIR. THAT CHAIR IS NOT
`THE COURT:
`THANK YOU, SIR.
`T AT CHA R
`S NOT
`
`
`
`
`
`
`GOING TO MOVE MUCH.
`BUT YOU CAN PULL T fl M CROPHONE A
`GOING TO MOVE MUCH. BUT YOU CAN PULL THE MICROPHONE A
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`TTLfi B T.
`LITTLE BIT.
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`T E W TNfiSS:
`I
`Dfi FORWARD.
`DOES THAT WORK?
`THE WITNESS: I'LL SLIDE FORWARD. DOES THAT WORK?
`
`
`
`
`T E COURT: AL'
`”
`SIR.
`THE COURT: ALL RIGHT, SIR.
`
`
`
`
`
`DR'.
`DIRECT EXAMINATION
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`
`BY MR. DAUCHOT:
`BY MR. DAUCHOT:
`
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`DR. MICHELSON, THE JURY HAS HEARD ABOUT YOU SOME.
`Q
`3R. M CHZHSON, THE JURY HAS HEARD ABOUT YOU SOM .
`Q
`
`
`
`
`
`
`BfiFORfi Wfi P_
`lfiD
`NTO YOUR BACKGROUND.
`A COUPLI OF
`BEFORE WE PROCEED INTO YOUR BACKGROUND. A COUPLE OF
`
`
`UP—FRONT QUEST ONS.
`UP-FRONT QUESTIONS.
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`FIRST, DO YOU HAVE ANY RELATIONSHIP WITH EITHER
`FIRST, DO YOU HAVE ANY RfiLAT ONSH P W TH
`
`
`
`
`
`WARSAW ORTHOPfiD C OR THI
`COMPANY WE CALL SOFAMOR DAN
`WARSAW ORTHOPEDIC OR THE COMPANY WE CALL SOFAMOR DANEK
`
`
`
`
`
`
`
`
`MEDTRONIC SOFAMOR DANEK, USA, OR ANY OF THE FAMILY MEDTRONIC
`MEDTRONIC SOFAMOR DANEK, USA, OR ANY OF THfi FAM LY M1
`
`
`
`
`COMPAN ES TODAY?
`COMPANIES TODAY?
`
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`
`A
`
`Q
`
`A
`
`Q
`
`NO.
`NO.
`
`
`
`EY PAY YOU ANYTHING TODAY?
`DO THEY PAY YOU ANYTHING TODAY?
`
`NO.
`NO.
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`HAVE THEY PAID YOU IN THE PAST, DR. MICHELSON?
`HAV'.
`--
`4'. PAST, DR. M
`
`A
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`Q
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`A
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`
`YES.
`YES.
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`CAN YOU fiXPHA N WHAT THAT WAS AND WHAT IT WAS FOR?
`CAN YOU EXPLAIN WHAT THAT WAS AND WHAT IT WAS FOR?
`
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`
`ES.
`fiNTfiRfiD NTO SOME L CfiNS VG AND PURCHASING
`YES. I ENTERED INTO SOME LICENSING AND PURCHASING
`
`
`
`
`
`
`AGREEMENTS, WITH SOFAMOR DANEK AT THE END OF 1993 AND
`22
`11
`fiNTS, WITH SOFAMOR DANEK AT THZ fiND OF 1993 AND
`22
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`23
`1
`_
`NG OF I997
`_
`fiR WH CH TifiY PA D ROYALT fiS FOR QU
`23
`BEGINNING OF 1994, UNDER WHICH THEY PAID ROYALTIES FOR QUITE
`
`
`
`
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`A WHILE AND IN THE YEAR 2005, THEY PURCHASED OUT THE ROYALTY
`1 AND
`N T}?
`1 R 2005, THEY PURCHAS 3 OUT THE ROYALL
`
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`STREAMS FROM THOSE AGREEMENTS, THEY PURCHASED THE
`I
`'ROM THOSZ
`fifiMfiNTS, TiEY PURCHASfiD TH:
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`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`fiL ZABfiT€ CfiSfiNA, CSR 12266,
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfiRN D STR CT OF CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D fiGO, CA 92170
`
`
`
`3
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`

`

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`fiCTJAL PROPERTY THAT THfiY NZfiDfiD FOR SOME
` 1
`INTELLECTUAL PROPERTY THAT THEY NEEDED FOR SOME OF THEIR
`
`111
` 111
`
`JCCESSFJL PRODUCTS AND THEY PURCHASED OUT THOS
`MOST SUCCESSFUL PRODUCTS AND THEY PURCHASED OUT THOSE
`
`ETY STREAMS AND THfiN THfiY PJRCHASED JJST ABOUT T
`
`ROYALTY STREAMS AND THEN THEY PURCHASED JUST ABOUT THE
`
`
`
`
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`Rfi BALANCfi OF MY PORTFOH O OF SP VAL PATfiNTS AND I
`ENTIRE BALANCE OF MY PORTFOLIO OF SPINAL PATENTS AND THEY
`
`
`
`
`
`
`PURCHASED THE ROYALTY STREAM OUT FOR THOSE, AND THEN THEY
`PURC ASfiD Tifi ROYAETY STREAM OUT FOR THOSE, AND THfiN r
`
`
`
`
`
`
`
`PURC AS'
`1] OF Til R ROYALTY STRfiAMS
`{AD FROM ALL YY
`PURCHASED ALL OF THEIR ROYALTY STREAMS I HAD FROM ALL MY
`
`
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`OTHZR L CfiNSZfiS UNDER THOSfi PATfiNTS SO THE ROYALT fiS WOULD
`OTHER LICENSEES UNDER THOSE PATENTS SO THE ROYALTIES WOULD
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`GO TO TH W.
`GO TO THEM.
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`DR. MICHELSON, WHY ARE YOU HERE IN COURT TODAY?
`1
`W COURT TO
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`
`FIRST, YOU ASKED ME TO COME AND SECOND, I REALLY
`A
`10
`:RST, YOU ASKD M«: TO COM:
`3 SECOND,
`R
`
`
`
`
`
` N T fiSfi PATfiNTS.
`
`11
`BELIEVE IN THESE PATENTS.
`
`
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`
`ALL RIGHT. AND DR. MICHELSON, BEFORE WE PROCEED INTO
`RIG T.
`AND DR. M CHZHSON, BfiFORfi Wfi PROCZfiD
`
`
`
`
` fl TfiCHNOLOGY, A H TT'fi B T ABOUT YOJR BACKG
`
`
`SOME OF THE TECHNOLOGY, A LITTLE BIT ABOUT YOUR BACKGROUND.
`
`
`
`
`
`
`OW MANY PATENTS {AVI YOU BZfiN AWARDfiD
`N TH:
`ROUGHLY, HOW MANY PATENTS HAVE YOU BEEN AWARDED IN THE
`
`
`
`
`
`ES FOR YOUR WORK ON SPINAL TECHNOLOGY?
`UNITED STATES FOR YOUR WORK ON SPINAL TECHNOLOGY?
`
`
`
`
`
`
`
`
`THE NUMBER IS IN EXCESS OF 250, BUT THAT SOUNDS BIGGER
`. NUWBfiR
`S
`N fiXCfiSS OF 250, BUT T AT SOUN
`
`
`
`
` S RfiALLY.
`
`
`
`
`I WOJLD SAY HALF OF T OSfi PAT:
`THAN IT IS REALLY. I WOULD SAY HALF OF THOSE PATENTS
`
`PERTAIN JUST TWO PRODUCT GROUPS.
`
`
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` N JUST TWO PRODUCT GROUPS.
`
`
`
`A
`
`
`
`WHICH ARI
`THOSE?
`WHICH ARE THOSE?
`
`
` NTfiR BODY FUSION, W1
`
`
`
`
`
`2O
`INTER BODY FUSION, WE HAVE HEARD MUCH ABOUT THAT AND
`A
`20
`1
`fiARD MUCH ABOUT THAT AND
`
`
`
` CAL PLATfi TfiCHNOLOGY.
`
`21
`CERVICAL PLATE TECHNOLOGY.
`
`
`
`
`
`
`
`DR. MICHELSON, HAVE YOU BEEN RECOGNIZED FOR THE
`DR. M CHfiLSON, HAVE YOU BlfiN RfiCOGN ZfiD FOR TH
`
`
`
`
`
`
`
`
`
`
`ADVANCES THAT YOUR NVfiNT ONS {AVE BROUGHT TO THfi F
`ADVANCES THAT YOUR INVENTIONS HAVE BROUGHT TO THE FIELD OF
`
`Q
`
`Q
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`
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`
`SPINAL SURGERY?
`SPINAL SURGERY?
`
`A
`A
`
`
`YES.
`YES.
`
`
`
`
` fiL ZABfiTH CfiSfiNA, CSR 12266,
`
`
`
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfiRN D STR CT OF CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D fiGO, CA 92170
`
`
`
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` W CHfiLSON, WHY ARE YOU H1
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`Q
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`Q
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`

`

`Q
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`A
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`112
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` HAVZ
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` «:ARD,
`AND YOU WERE RECENTLY, AS WE HAVE HEARD, INDUCTED INTO
`AND YOU WfiRZ RECENTLY, AS Wfi
`:NDUCT -.
`
`
` N WAS :NGTON, DC.
` fl NAT ONAL CENT ZR HALL OF FAMfi
`
`THE NATIONAL CENTER HALL OF FAME IN WASHINGTON, DC.
`
`CAN YOU fiXFLA N TO US WHAT THAT IS?
`CAN YOU EXPLAIN TO US WHAT THAT IS?
`
`
`
`
`
` N 19/3, WnTH THE
`
`
`SUPPORT OF T fl UN
`
`YfiS.
`YES. IN 1973, WITH THE SUPPORT OF THE UNITED STATES
`
`
`
`
`
` D13 T
`
`
` T WAS DfiC
`ENT TRADEMARK OFF C1
`PATENT TRADEMARK OFFICE, IT WAS DECIDED THAT AN AMERICAN
`
`
`
`
`
`NVfiNTOR'S
`INVENTOR'S HALL OF FAME WOULD BE CREATED, LEAVE ME OUT OF
`{ALE OF FAME WOULD Rfi CQfiATfiD, LfiAV:
`
`
`
`TO RfiCOGN 7% AMI?
`
`
`
`THIS FOR A MOMENT, TO RECOGNIZE AMERICA'S GREATEST
`IS FOR A MOMENT,
`CA'S GQfiATZ
`
`
`
`
`
`
`
`"T SURSfiQUfiNTLY WAS MOVED AND IS NOW ACTUALLY
`INVENTORS. IT SUBSEQUENTLY WAS MOVED AND IS NOW ACTUALLY
`
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`
`fl NAT ONAL PORTRA"T GALLfiRY OF THfi SM T SONIAN
`9
`HOUSED IN THE NATIONAL PORTRAIT GALLERY OF THE SMITHSONIAN
` 9
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`
`
`
`
`10
`INSTITUTE AND THEY HAVE ANOTHER PART, WHICH IS IN THE USPTO
`’O
`D THEY {AVE ANOTHER BART, WH CH
`S
`N T fl USPL
`
`’1
`
`11
`ITSELF.
`
`Q
`
`A
`
`Q
`
`USPTO?
`USPTO?
`
`
`
`
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`
`
`TfiD STATES PATENT AND TRADI
`QK OFF C1.
`UNITED STATES PATENT AND TRADEMARK OFFICE.
`
`
`
`
`
`DR. MICHELSON, HOW DID YOU HAD LEARN ABOUT YOUR
`W CHfiLSON, HOW DID YOU HA
`EARN ABOJT YOUR
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` 1
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`A
`A
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`
`"NDUCTION?
`INDUCTION?
`
`
`
`
`
`
`
`
`
`
`
`A GFINTLHIMAN NAMFID
`FZY ACTUALLY CALL41D M1.
`D D
`A GENTLEMAN NAMED ED GREY ACTUALLY CALLED ME. I DID
`
`
`
`
`
`
`
`NOT KNOW WHO HE WAS. HE SAID, "DOCTOR, I'D LIKE TO ASK YOU
`NOT KNOW WHO HI WAS.
`Hfi SA 3,
`"DOCTOR,
`'D L Kfi TO ASK YOU
`
`
`
`
`
`
`
`
`
`
`
`A QUESTION." AND I SAID "SURE." HE SAID, "SO TELL ME, WHAT
`A QUfiST ON."
`AND
`SA 3
`"SUR ."
`{fl SA D,
`"SO TfiLL Mfi, WHAZ
`
`
`
`
`
`
`
`
`DO THOMAS ALBERT EDISON AND ALEXANDER GRAHAM BELL, THE
`DO T OMAS AHRfiRT fiD SON AND A'fiXANDfiR GRAHAM BELL, THU
`
`
`
`
`
`
`
`
`
`
`
`
`WRIGHT BROTHERS AND YOU HAVE IN COMMON?" SO I SAID,
`WR"G T RROTEHRS AND YOU {AVI
`N COVWON?"
`SO
`SA D,
`
`
`
`
`
`
`
`
`
`
`
`"INVENTORS." TO WHICH HE SAID, "THAT'S ABOUT HALF RIGHT."
`" NVfiNTORS."
`TO WH CH Hfi SA D,
`"T AT'S ABOJT ALF R"
`
`
`
`
`
`
`AND OF COURSE I HAD TO ASK, "WHAT'S THE OTHER HALF?" HE
`AND OF COURSZ
`HAD TO ASK,
`"WHAT'S Tifi OTHfiR ALF?"
`
`
`
`
`
`
`
`
`
`SAID, "COME MAY 6 OF THIS YEAR, YOU'RE GOING TO JOIN THEM IN
`SA:
`"COME MAY 6 OF Ti S YEAR, YOU'Rfi GO NG TO JO N r
`
`
`
`
`
`
`
`
`
`
`
`
`
`AM? CA'S
`NVfiNTORS HAEL OF FAMfi."
`T WAS A BIG HONOR.
`AMERICA'S INVENTORS HALL OF FAME." IT WAS A BIG HONOR.
`
`
`
`
`
`
`
`
`
`
`AND YOU SAY THAT.
`THfiRfi WAS A RfiFfiRfiNCfi TO
`T LOOK"
`AND YOU SAY THAT. THERE WAS A REFERENCE TO IT LOOKING
`
`Q
`
`
`
`
`
`
`
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`fiL ZARfiTH CfiSfiNA, CSR 12266,
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHERN D STR CT OF CA
`
`
`
`SAN D
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037,
`fiGO, CA 92170
`
`
`
`5
`
`

`

`113
` 113
`
`
`
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`
`
`GOOD ON A RfiSUMZ.
`DO:
`THAN THAT TO YOU?
`GOOD ON A RESUME. DOES IT MEAN MORE THAN THAT TO YOU?
`
`
`
`
`
`
`
`
`
`_fiSUMfi ANYMORE.
`BUT
`SJRI
`DON'T T
`SURE. I DON'T THINK I NEED A RESUME ANYMORE. BUT IT
`
`
` NAUGJQATEON TOOK PLACfi WH:
`
`
`
`IS A GREAT, GREAT HONOR. THE INAUGURATION TOOK PLACE WHERE
`IS A GREAT, GREAT HONOR.
`THZ
`
`
`ABRAHAM L"
` NAJGfiRATID.
`
`
` T WAS OJ Tfi SOMfiTi NG.
`
`
`
`UN WAS
`ABRAHAM LINCOLN WAS INAUGERATED. IT WAS QUITE SOMETHING.
`
`A
`A
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`Q
`Q
`
`
`
`
`
`DR. MICHELSON, HAVE YOU BEEN RECOGNIZED BY OTHER GROUPS
`DR. M C{fiLSON, HAVE YOU BZfiN RfiCOGN ZfiD BY OTi Q GROUPS
`
`
`
`
` N THfi E
`
` 1') OP SPTNAL SURGERY?
`
`
`FOR YOJR NVfiNT ONS
`FOR YOUR INVENTIONS IN THE FIELD OF SPINAL SURGERY?
`
`A
`
`YES.
`YES.
`
`Q
`
`A
`
`
`
`
`WTAT OTH R GROUPS?
`WHAT OTHER GROUPS?
`
`
`
`
`
`
`I'M ACTUALLY PROBABLY PROUDER OF THIS, THE PARALYZED
`E'M ACTUA'HY PROBABLY PROUDER OP THnS, THE PA
`
`
`
`
`
`
` TABLZ
`fiTfiRANS OE AMZR CA
`S ONfi OE THfi OLDfiST C
`VETERANS OF AMERICA IS ONE OF THE OLDEST CHARITABLE
`
`
`
` N TH S COUNTY.
`
`
`
`
`
`RGAN ZAT
`IT WAS FORM:
`DUR"NG THU
`ORGANIZATIONS IN THIS COUNTY. IT WAS FORMED DURING THE
`11
`
`
`
`
`
`fiRANS AND I
`' EY TAKfi CARfi OE PARALYZfiD V1
`12
`CIVIL WAR AND THEY TAKE CARE OF PARALYZED VETERANS AND IN
`
`
`
`
`
`
`
`
`
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`
`
`
`
` 1R1
`
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`
`13 Mfi W T
`
`
`
`
`_fiCOGN T ON AS T E WORLD'S
`2006, THEY HONORED ME WITH RECOGNITION AS THE WORLD'S
`
`
`
`
`
`
`
`13
`N SP
`LEADING RESEARCHER IN SPINE.
`
`
`
`
`1_1
`'ZHLOW
`WERE THERE FELLOW HONOREES?
`
`
`
`
`
`
`ES.
`T11
`”{fiR G1_”'1
`O WAS THE HONORZI
`YES. THE OTHER GENTLEMAN WHO WAS THE HONOREE WHO
`
`
`
`
`
`HAPPENED TO BE THE CHAIRMAN OF THE CHIEF STAFF, THE CHAIRMAN
`1_fiD TO B1 ” fl CHA __
`_
`'
`fl CH fiE STAEE,
`T
`
`
`
`
`
`
` NT STAPE OH 1'
`1
`1
`fiRV CfiS OE THfi UN
`OF THE JOINT STAFF OF THE ARMED SERVICES OF THE UNITED
`
`
`
`
`
`
`
`
`
`Q
`
`A
`
`
`
`STATES.
`
`
`
`
`
`
`
`
`
`?
`DO YOU REMEMBER HIS NAME?
`
`
`
` _S LAST NAM:
`U AND LET ME THINK OF HIS LAST NAME -- U --
`
`
`SHELTON.
`
`
`U SHELTON.
`
`1 L
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` fiLSON, HAVE
`NOW, DR. MICHELSON, HAVE YOU TESTIFIED BEFORE CONGRESS?
`
`
`
`
`
`
`
` TTfiN SUBM SS
`I HAVE BY WRITTEN SUBMISSION AND BY DIRECT TESTIMONY,
`
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`
` 1
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` 2
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`Q
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`A
`
`Q
`
`A
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`Q
`
`A
`
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`
`
`
`
`
` fiH ZABfiTH CfiSfiNA, CSR 12266,
`
`
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfiRN D STR CT OP CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D fiGO, CA 92170
`
`6
`
`

`

`
`YES.
`
`114
` 114
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`Q
`
`A
`A
`
`Q
`Q
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`
`
`ON WHAT SUBJECT?
`ON WHAT SUBJECT?
`
`
`
` GHT OF THE
`PATfiNT RfiFORM AND OVfiRS
`FOOD AND
`FDA, TH:
`PATENT REFORM AND OVERSIGHT OF THE FDA, THE FOOD AND
`
`
`DRUG ADM N ST RAT__ON OF TH *1
`UN T
`
` fiD STATES.
`DRUG ADMINISTRATION OF THE UNITED STATES.
`
`
`HAV YOU BlfiN ASKED BY THfi
` fiD STATES PATENT AND
`
`UN T
`
`
`HAVE YOU BEEN ASKED BY THE UNITED STATES PATENT AND
`
`
`4|
`
`
`
`
`IIJr-I
` Cfi TO H ZIP PROV
`TRADEMARK OFF
`fiDUCATnON FOR PAT
`TRADEMARK OFFICE TO HELP PROVIDE EDUCATION FOR PATENT
`
`
`
` NfiRS?
`EXAMINERS?
`
`A
`
`Q
`
`A
`A
`
` YES.
`
`YES.
`
`
`
` fiV CfiS.
`
`
`
`CAN YOU fiXPLA N THAT?
`CAN YOU EXPLAIN THAT?
`
`
`
`
`
`
`
`
`YES. WZHL
`THfi PATfiNT OFF
`1 S
`ll-‘IIS ATITI
`K"NDS OF PATENTS
`YES. WELL THE PATENT OFFICE SEES ALL KINDS OF PATENTS
`
`
`
`
`AND THI WAY :T ACTJAH
`ED 3775.
`AND THE WAY IT ACTUALLY WORKS, THERE'S A GROUP CALLED 3775.
`RKS, TilQfi'S A GROUP CALL
`
`
`
` N THAT GROJP.
`BETOBTI
`I:
`AND AT LAST COUNT, THERE WERE 19 PEOPLE IN THAT GROUP.
`AND AT LAST COUNT, T{1_1
`fiRfi 19
`
`
`THOSE
`PROFfiSS ONALS ON'
`1% PAT fiNTS TiAT RfiLATfi TO SP N1
`THOSE PROFESSIONALS ONLY SEE PATENTS THAT RELATE TO SPINE
`
`
`
`HATfiS OR NTfiR BODY TECHNOLOGY AND
`Til
`FUS
`T'S
`FUSION, WHETHER IT'S THE PLATES OR INTER BODY TECHNOLOGY AND
`:ON, WHfiTH:
`
`
`
` MPHY ARfi THfi MOST KNOWLfiDGfiABL:
`
`
`1 PfiOPUZ
`AS A GROUP, THESE PEOPLE SIMPLY ARE THE MOST KNOWLEDGEABLE
`AS A GROUP, T
`
`
` N TH?
`
`' Rfi
`NOB-TI“:
`AS TO WiAT THfi PR OR ART :S
`WO.
`OR
`PEOPLE IN THE ENTIRE WORLD AS TO WHAT THE PRIOR ART IS OR
`
`
`WHfiN
` T COMES TO SP
`
` NAL FUS ON
`{AT'S TH
`C
`WHAT'S THE CURRENT ART IS, WHEN IT COMES TO SPINAL FUSION
`
`
`DEVICES.
`
`
`
`
`
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` 1
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` 2
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`20
`20
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`23
`23
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`24
`24
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`25
`25
`
`
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`
`
` N TH:
`
`
`
`
`
`
`CAN YOU BR
`AND IN THE EDUCATION, CAN YOU BRIEFLY EXPLAIN TO US
`
`
`
`Q
`Q
`
`
`
`
`
`WHAT TOOK PLAC .
`WHAT TOOK PLACE?
`
`
`
`
`
` N
` GOT A P ONE CALL AND IT WAS THZ
`
`
`WELL AGA
`A
`21
`WELL AGAIN, I GOT A PHONE CALL AND IT WAS THE GENTLEMAN
`A
`21
`
`
`
`
`
`H1
`
`
` NG THAT GROUP UP AND
`fl
`SA
`22
`'M GOING TO TH
`22
`HEADING THAT GROUP UP AND HE SAID, "I'M GOING TO TELL YOU
`D,
`II
`
`
`
`
`
`
`TR
` S UNUSUAL.
`GfiT
`ON:
` fiDUCAT"ONAL
`T I
`.
`T{
`Wfi
`THIS. THIS IS UNUSUAL. WE GET ONE EDUCATIONAL TRIP A YEAR
`
`
`
`
`
`
`
`AND USUAH'
`AND USUALLY EVERYBODY GETS TO GO TO ORLANDO, FLORIDA, DISNEY
`fiRYBODY GETS TO GO TO ORLANDO, FLOR:
`
`
`
`
`
`Hfi SA
`AS A GROUP, Wfi VOT:
`D BUT
`WORLD OR '
`EGAS.
`WORLD OR LAS VEGAS. HE SAID BUT AS A GROUP, WE VOTED WE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(619) 237—
`
`
`
`
`ZABfiTH CfiS
`0100
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`EINA, CSR 12266,
`
`
` fiRN D STR CT OF CA
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTH
`
`D
`
`SAN
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037,
`fiGO, CA 92170
`
`7
`
`

`

`115
` 115
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`O M
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` NO.
`
`NO.
`
`0 Q A
`
`Q
`
`A
`
`
`
`
`
`
`TO COME
`JT AND M lfiT W TH YOU FOR A DAY.
`SO I
`WOUTID TI
`7':
`WOULD LIKE TO COME OUT AND MEET WITH YOU FOR A DAY. SO I
` 1
`
`
`
`D
`
`
`E F
`—i
`
`
`
` RST T
`fiNT Rfi GROJP,
`17
`1 AND A YEAR LATER, TH:
` 2
`DID IT THE FIRST TIME AND A YEAR LATER, THE ENTIRE GROUP, 17
`
`
`
`
`
`
`ONE WOMAN WAS OUT ON MAT 1QN TY L fiAVfi AND
`B
`1 S
`OWED UP.
`PEOPLE SHOWED UP. ONE WOMAN WAS OUT ON MATERNITY LEAVE AND
`
`
`fiRSON WAS S: CK.
`ONE PERSON WAS SICK.
`
`
`DR. M CHfiLSON, ARE
`
`
`
`
` NG TODAY?
`
`DR. MICHELSON, ARE YOU STILL INVENTING TODAY?
`
`Q
`Q
`
`JUST TO ROUND OUT TH
`WHAT DO YOU TO DO TODAY?
`WHAT DO YOU TO DO TODAY? JUST TO ROUND OUT THE
`
`BACKGROUND?
`BACKGROUND?
`
`
`
`
`
`
`
`
`
`
`
`
`
`I FOUNDED, I FUNDED AND I DIRECT THREE CHARITABLE
`_ FOUNDfiD,
`
`ORGAN ZAT ONS.
`ORGANIZATIONS.
`
`A
`A
`
`
`
`
`
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`
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`
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`
`
`
`
`
`
`
`
`
`
`
`
`
` SENA, CSR
`
`
`
` ZARfiTH Cfi
`—0100
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`12266,
`(619) 237
`
`
`
`
`SOUTHfiRN
`D STR CT OF CA
`USDC, SOUTHERN DISTRICT OF CA
`USDC,
`
`
`
`SAN D
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037,
`fiGO, CA 92170
`
`
`
`Q A M
`
`Q
`
`A
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
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` 8
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` 9
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`10
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`16
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`17
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`2O
`20
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`25
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`Q
`Q
`
`A
`A
`
` T fl
`
`
`
`AND WH:
`
` RE THOSE.
`
`AND WHICH ARE THOSE?
`
`W-d—‘ITITI T
` RST ONZ
`
` THfi FOJND ANIMALS FOUNDAT: ON.
`
`
`
`
`S
`WELL THE FIRST ONE IS THE FOUND ANIMALS FOUNDATION. WE
`
`
`
` fiMBLOY ZfiS
`AND Wfi RAS CALLY TRY TO SAVI
`E 30 FUL'
`' M:
`HAVE 30 FULL TIME EMPLOYEES AND WE BASICALLY TRY TO SAVE
`
`
`
`
`
` VfiS.
`JUST ONfi
` CK
`Wfi OBfiNfiD UP A VJ
`QU
`fiXAMBLfi,
`ANIMALS LIVES. JUST ONE QUICK EXAMPLE, WE OPENED UP A VERY
`14
`
`
`
`ANY AN: MALS.
`WE GO
`' H PfiT SHOP fiXCfiPT Wfi
`DON'T SELL
`15
`BEAUTIFUL PET SHOP EXCEPT WE DON'T SELL ANY ANIMALS. WE GO
`
`
`fl STfiLT fiRS AND Wfi F ND Tifi AN MALS TiAT THfiY'
` AROUr
`
`fl
`INTO THE SHELTERS AND WE FIND THE ANIMALS THAT THEY'RE ABOUT
`
` H AND Wfi TAKfi
`
`THfiM AND
`
` TAKZ
`TO KILL AND WE TAKE THEM AND WE HAVE THEM GROOMED, WE TAKE
`W1
`{AVfi THfiM GQOOMfiD, W1
`
`
`
`
`
`G Vfi THfiM TO BfiOPL:
`fiD fiNCfi CLASS AND T fiN Wfi
`
`THEM TO OBEDIENCE CLASS AND THEN WE GIVE THEM TO PEOPLE
`18
`
`
`II-ITI
` XSTfiAD OF S
`
`
`
`
`AN ADOPT SHOP.
`THAT'S ON:
`19
`INSTEAD OF SELLING THEM, QUOTE AN ADOPT SHOP. THAT'S ONE OF
`NG THEM, QUOTE
`
`
`
`TH NG
`S TiAT WE
`DO.
`THE THINGS THAT WE DO.
`
`
`WHAT
`
`
`OF THE
`TWO OT
`ER FOJNDATIONS?
`WHAT OF THE TWO OTHER FOUNDATIONS?
`
`
` HAVfi
`
`LARGER FOUNDATION THAT
`FUNDS
`I HAVE A MUCH, MUCH LARGER FOUNDATION THAT FUNDS
`A MJCH, MUC
`
`
`
`
`"N
` CAL R
` -1'IS fiARCi.
`JUST FUNDE D A MA
`JOR PQOJECr
`MEDICAL RESEARCH. IN FACT, WE JUST FUNDED A MAJOR PROJECT
`FACT, WE
`
`
`
`
`
`
` T W UL
` fl AT S
`ON FOR F Vfi YfiAR
`FJND
`CRIPPS AND
`GO
`S.
`WE
`HERE AT SCRIPPS AND IT WILL GO ON FOR FIVE YEARS. WE FUND
`
`
`
`
`
`
`
`
` CAL R1
` NG ZDGfi
`R N- _H OR C
`fiARCi CONS
`DfiRfiD TOO CUTT
`FO
`TO
`MEDICAL RESEARCH CONSIDERED TOO CUTTING EDGE FOR NIH OR TO
`
`8
`
`

`

`116
` 116
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`
`
`TH
`
`
`
`
`
`
`FUND IT. THEY THINK IT'S TOO EXPERIMENTAL.
`
`
`AT'S NIH?
`WHAT'S NIH?
`
`
` fl NAT ONAL NST ” ”1
`
`
`
`
`1
`'”{.
`THE NATIONAL INSTITUTE OF HEALTH.
`
`
`
`
`
`
`
`ANY OTHER FOUNDATION, DR. MICHELSON, AS WE WRAP UP THE
`ANY OTHER FOUNDAT:
`llSON, AS WE WRAP UP THH
`
`Q
`
`A
`
`Q
`Q
`
`
`
`
`
`A
`A
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` CRfiATfiD T{fi F RST 25 TEXT BOOKS TiAT CONST TUTfiS 50 P1
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`
`
`BACKGROUND?
`BACKGROUND?
`
`
`
`
`
`
`
`
`
`YRS.
`fl A FOUNDATION CALLED 70 M LL ON M NDS.
`YES. I HAVE A FOUNDATION CALLED 20 MILLION MINDS.
`
`
`
`
`
`
`IT'S A COLLEGE TEXTBOOK FOUNDATION. SO THREE YEARS AGO, WHY
`IT'S A COLLfiGfi TfiXTBOOK FOUNDATION.
`SO THRZfi YfiARS AGO, WHY
`
`
`
`
`
`D D TH S WAS TiAT THfi FROBLfiM WAS TiAT THZRfi'S 117
`I DID THIS WAS THAT THE PROBLEM WAS THAT THERE'S 112
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`
`
`
`
`
`
`
`
`
`
`
`COMMUNITY COHLfiGfiS
`N CA3 FORN A.
`THfi TU T ON AT THAr
`COMMUNITY COLLEGES IN CALIFORNIA. THE TUITION AT THAT TIME
`
`
`
`
`WAS 1000 DOLEARS.
`THfi TfiXT BOOKS WfiRfi 1700.
`HOW CAN A
`WAS 1000 DOLLARS. THE TEXT BOOKS WERE 1200. HOW CAN A
`
`
`
`
`
`N
`
`JMBfiR ON:
`STACK BOOK BE 200, IT'S OUTRAGEOUS AND THE NUMBER ONE REASON
`STACK BOOK BE 200,
`IT'S OUTRAGEOJS AN
`THE
`
`
`
`
`
`
`
`
`
`G VfiN FROM K DS W TH A B OR BfiTTfiR AVfiRAGfi WiO F N Si:
`GIVEN FROM KIDS WITH A B OR BETTER AVERAGE WHO FINISHED THE
`
`
`
`
`
`
`FIRST YEAR AND DIDN'T COME BACK THfi S
`YEAR WAS LEI
`FIRST YEAR AND DIDN'T COME BACK THE SECOND YEAR WAS THEY
`
`
`
`
`
`COULD NOT AFFORD THE TEXT BOOKS, SO THEIR PELL GRANTS OR CAL
`COULD NOT AFFORD THfi TfiXT BOOKS,
`SO
`1
`fiLL GRANTS OR CAL
`
`
`
`
`
`GRANTS, THAT WENT DIRECTLY FROM THE GOVERNMENT TO THE
`GRANTS, THAT WfiNT D RfiCTLY FROM TH:
`1
`fiNT TO TH
`
`
`
`
`
`
`
`
`
`
`
`COLLEGE TO PAY THEIR TUITION, BUT NOBODY WOULD GIVE THEM THE
`COLHfiGfi TO PAY THZ R TU T ON, BUT NOBODY WOJLD G Vfi THfiM TH:
`
`
`
`
`
`
`
`MONEY TO BJY THfi TfiXT BOOKS SO WHAT Wfi
`fl ALRfiADY DON:
`S
`MONEY TO BUY THE TEXT BOOKS SO WHAT WE HAVE ALREADY DONE IS
`
`
`
`
`
`
`
`CREATED THE FIRST 25 TEXT BOOKS THAT CONSTITUTES 50 PERCENT
`
`
`
`
`
`
`
`OF ALH THE COJRSE WORK AT THE COMMUNITY SCHOOL LfiVfiL.
`OF ALL THE COURSE WORK AT THE COMMUNITY SCHOOL LEVEL. THESE
`
`
`
`
`
`
`
`
`
`
`TEXT BOOKS ARE SUPERS HIGH QUALITY, THEY HYPERLINK SO IN THE
`TEXT BOOKS ARfi SJFRRS H GH QJALITY, THEY HYBfiRL NK SO
`
`
`
`
`
`
`
`BIOLOGY TEXT BOOK, IF YOU ARE ON DNA, YOU HIT A HYPERLINK
`BIOLOGY TEXT BOOK,
`IF YOU ARE ON DNA, YOU HIT A {YBfiRH
`
`
`
`
`
`
`
`
`
`
`AND THfiRfi'S WATSON AND CR CK fiXBLA
`NG TO YOJ WITH Til
`AND THERE'S WATSON AND CRICK EXPLAINING TO YOU WITH THEIR
`
`
`
`
`
`MODELS HOW DNA AND RNA WORKS.
`RfiD BLI.
`AND T H
`MODELS HOW DNA AND RNA WORKS. IT'S INCREDIBLE. AND THE
`
`
`
`
`
`
`
`
`
`BOOKS ARE OPEN ARCHITECTURE, THEY'RE FREE. TOTALLY DIGITAL,
`BOOKS ARI
`fiN ARCH TfiCTURfi, ”
`1
`1
`'
`11.
`TOTALLY D
`
`
`
`
`
`
`
`DOWNLOADAB'Z
`”{fi GRAFinCS ARK
`'
`{ARTS AND Wfi'RZ
`DOWNLOADABLE, THE GRAPHICS ARE OFF THE CHARTS AND WE'RE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
` fiH ZABRTH CfiSfiNA, CSR 12266,
`
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfi N D STR CT OF CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D fiGO, CA 92170
`
`9
`
`

`

`117
` 117
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`
`
`
` NUfi UNT
`GOING TO CONT
`GOING TO CONTINUE UNTIL WE CREATE EVERY SINGLE ONE OF THE
`
`
`
`COLLfiGfi TfiXT BOOKS.
`COLLEGE TEXT BOOKS.
`
`
`
`
` CHfiLSON, LET'S SWITCH TO YOUR MfiD
`
`
`
` CAL
`
`_
`DR. M
`AND DR. MICHELSON, LET'S SWITCH TO YOUR MEDICAL
`
`Q
`Q
`
`
`
`
`
`
`
` AN
` ONAL BACKGROUND.
`YOU AR
`BACKGROUND, YOUR PROFESSIONAL BACKGROUND. YOU ARE AN
`BACKGROUND, YOUR PROPfiSS
`
`
`
`
`ORTHOPfiD C
`SP
`%
`SURGEON.
`ORTHOPEDIC SPINE SURGEON.
`
`
`E AM.
`I AM.
`
`
`
`
`
` RR?
`DO YOU N1:
`DO YOU NEED SOME WATER?
`
`
`
`
`
`
`
`T WAS GO".
`"'M GOOD.
`I WAS GOING TO GET -- I'M GOOD.
`
`
`
`
`
` YOU ST"
` NG TODAY DR. M
`ARE
`ARE YOU STILL PRACTICING TODAY DR. MICHELSON?
`
`NO.
`NO.
`
`
`
`WHfiN D
` D YOU STOP?
`WHEN DID YOU STOP?
`
`2001.
`2001.
`
`
`
`
`
`AND WHZ
`
`
`
`
`
`
`
`
`
`
`
`AND WHEN DID YOU BEGIN INVENTING IN THE AREA OF SPINE
`
`A
`A
`
`Q A
`
`Q
`
`A
`
`Q
`Q
`
`A
`A
`
`Q A
`
`Q
`
`A
`
`Q
`Q
`
`
`TECHNOLOGY?
`TECHNOLOGY?
`
`1983.
`1983.
`
`A
`A
`
`Q
`Q
`
`
`
` RfiEORfi MOV NG ON TO YOUR
`
`
` GHT.
`
`
`NVfiNT
`ALL R:
`ALL RIGHT. BEFORE MOVING ON TO YOUR INVENTIONS, LET'S
`
`
`
`
`
`
`
` CR1 A DfiMONSTRAT Vfi
`
`FOCUS ON A BIT ANATOMY.
`WAS THfiRfi
`FOCUS ON A BIT ANATOMY. WAS THERE A DEMONSTRATIVE CREATED
`
`
`
`
`
`
`
` TATfi YOUR TfiST
`"N YOUR RfiQUfiST TO HELP PAC L
`MONY AND
`IN YOUR REQUEST TO HELP FACILITATE YOUR TESTIMONY AND
`18
`
` fiXPLA N
` T TO THE
`JURY?
`19
`EXPLAIN IT TO THE JURY?
`
`
`
`
` YES.
`
`A
`A
`
`YES.
`
` 1
`
` 2
`
` 3
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` 4
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` 5
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` 6
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` 7
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` 8
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`10
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`11
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`12
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`16
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`17
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`2O
`20
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`21
`21
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`22
`22
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`23
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`24
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`25
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` R-U—‘IATITIY
`
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`
`
`ORdfiCT
`TOT:
`NO
`ON?
`MR. DAUCHOT: NO OBJECTION?
`
`
`
`
`NO ORdfiCT ON.
`ZRKfiNRACi:
`MR. SCHERKENBACH: NO OBJECTION.
`
`
`WE
`PUT UP
`R"GHT.
`DAVE , CAN
`MR. DAUCHOT: ALL RIGHT. DAVE, CAN WE PUT UP
`
`
`
`
` fl Wfi
`THAT
`
`GO.
`JUST TO PROVE
`"S
`NUMBER TWO. HERE WE GO. JUST TO PROVE THAT REALLY IS MY
`
`
`
`
`
`
`
`
`
`
`
`'D
`ON TO TH:
`fl TO DRAW YOUR ATTfiNT
`DEMONSTRATIVE, I'D LIKE TO DRAW YOUR ATTENTION TO THE SIZE
`
` A-ITI
`
` TOT:
`
`
`
`
`
`
`
`
`(619) 2
`
`
`
`
`ZARfiTH CfiS
`37—0100
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`NA, CSR 12266,
`
`
` fiRN D STR
`S
`OUTH
`CT OP CA
`USDC, SOUTHERN DISTRICT OF CA
`USDC,
`
`
`SAN D
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037,
`fiGO, CA 92170
`
`10
`
`10
`
`

`

`
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`
`OF THAT HAND AND THE LACK OF HAI
`OF THAT HAND AND THE LACK OF HAIR. SO I RECOGNIZE THAT'S
`
`
`
`
`MN:
`MINE.
`
`118
` 118
`
`
`
`
`THE COURT:
`WE DON'T TALK ABOJT LACK OF HAI
`THE COURT: WE DON'T TALK ABOUT LACK OF HAIR.
`
`
`
`
`
`YOURS IS JUST CUT SHORT?
`YOU HAVE GOT HAIR.
`YOURS IS JUST CUT SHORT? YOU HAVE GOT HAIR.
`
`BY MR. DAUC OT:
`BY MR. DAUCHOT:
`
`
`
`
`
`
`
`
`
`
` DR. MICHELSON, LET'S FOCUS IN, CAN YOU EXPLAIN TO THE
`DR. Y CHfiLSON, LET'S FOCUS IN, CAN YOU fiXPLA N TO I
`
`
`
`
`
`
`
`
`
`
`{AT T E FJNCTION OF THfi SP Nfi
`S?
`TH: HJMAN SP Nfi?
`JURY WHAT THE FUNCTION OF THE SPINE IS? THE HUMAN SPINE?
`
`
`
`
`
`ES.
`SOMEBODY ONCfi SA 3 THAT THfi SP Nfi WAS A STACK OF
`YES. SOMEBODY ONCE SAID THAT THE SPINE WAS A STACK OF
`
`
`
`
`
`
`
`
`
`BLOCKS.
`YOUR {EAD SAT ON ON?
`fiND AND YOU SAT ON THfi OTHfiR.
`BLOCKS. YOUR HEAD SAT ON ONE END AND YOU SAT ON THE OTHER.
`
`
`
`
`
`
`ESSENTIALLY, IT'S A TENT POLE. IT HOLDS UP OUR BODY BUT
`FISSFZNT ALLY,
`IT'S A TENT POL 1.
`T HOLDS UP OUR BODY BUT
`
`
`
`
`
`
`
`
`
`UNLIKE A TENT POLE, BETWEEN EACH SET OF BONES, THERE'S A
`Kfi A TfiNT POLfi, BfiTWZfiN fiACH SET OF BONH
`fiRfi'S A
`
`
`
`
`
`
`ERY SHOCK ABSORB 3 SO WE CAN HAVfi MOT ON.
`RUBBERY SHOCK ABSORBER SO WE CAN HAVE MOTION.
`
`
`
`
`
`
`
`
`WHAT
`S
`T THAT G VfiS THfi SP Nfi STAB L
`WHAT IS IT THAT GIVES THE SPINE STABILITY?
`
`
`
`
`
`
`IT'S THE VERTEBRAE, THOSE BLOCKS OF BONE AND WHAT GIVES
`A
`14
`IT'S THfi VIRTfiBRAfi, TiOSE BLOCKS OF BONE AND WHAT G
`I4
`
`
`
`
`
`
`
`
`
`
`
`’5
`fl MOT ON A_fi TH:
`ERY SHOCKS
`N BfiTWIfiN CALLfiD
`15
`IT THE MOTION ARE THE RUBBERY SHOCKS IN BETWEEN CALLED THE
`
`
`
`
`
`Q
`
`A
`
`Q
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`1
` 1
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`2
` 2
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`3
` 3
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`4
` 4
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`5
` 5
`
` 6
`6
`
`7
` 7
`
`8
` 8
`
`9
` 9
`
`10
`’ O
`
`11
`I1
`
`I2
`12
`
`I3
`13
`
`I6
`16
`
`17
`I7
`
`18
`I8
`
`19
`I9
`
`20
`20
`
`21
`21
`
`22
`22
`
`23
`23
`
`24
`24
`
`25
`25
`
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`
`
`
`DISCS.
`
`
`
`
`
`
`
`LET'S FOCUS ON THE BONES. DAVE CAN YOU PUT UP SIX,
`Q
`'ET'S FOCUS ON THfi BONfiS.
`DAVE CAN YOU PJT UP SIX,
`
`
`
`
`
`
`PLEASE? IS THAT SIX? OKAY, WE HAVE -- AND THEN PUT UP
`1
`fl?
`S THAT SIX?
`OKAY, Wfi HAVI
`EN PUT UP
`
`
`
`
`
`
`
`
`
`FOUR. ALL RIGHT. DR. MICHELSON, WHAT ARE WE LOOKING AT
`'
`_
`.
`ALL RIGHT.
`DR. M CHFZLSON, W
`'.
`'. LOOKING Ar
`
`
`HERE?
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MAY
`MAY I HAVE A POINTER?
`
`Y AH.
`YEAH.
`
`
`
`T{ANK YOU.
`THANK YOJ.
`THANK YOU. THANK YOU.
`
`
`
`
`ALL RIGHT. DR. MICHELSON, WHAT ARE WE LOOKING AT?
`AHL RIGHT.
`DR. M CHZHSON, WHAT AR:
`
`
`
`
`
`
`
`T{ S
`S A TOP DOWN V fiW OF A LUMBA
`THIS IS A TOP DOWN VIEW OF A LUMBAR VERTEBRAE.
`
`
`
`
`
`
`
`
`
`
`
`
`
` fiL ZABfiTH CfiSfiNA, CSR 12266,
`
`
`
`ELIZABETH CESENA, CSR 12266, (619) 237-0100
`(619) 237—0100
`
`
`
`
`
`USDC, SOUTHERN DISTRICT OF CA
`USDC, SOUTHfiRN D STR CT OF CA
`
`
`
`PO BOX 131037, SAN DIEGO, CA 92170
`PO BOX 131037, SAN D fiGO, CA 92170
`
`M
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`11
`
`

`

`
`
`
`
`
`
`
`
`
`ALL RIGHT.
`AND W1
`1
`1
`1
`1.
`CAN YOU
`ALL RIGHT. AND WE HAVE SOME NAMES UP THERE. CAN YOU
`
`Q
`Q
`
`119
` 119
`
`WALK US THROUGH TiAT?
`WALK US THROUGH THAT?
`
`
`
`
`
`
`
`
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`
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`A
`A
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` 1
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` 2
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` 3
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` 4
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` 5
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` 6
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` 7
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` 8
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` 9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
`
`18
`
`19
`
`20
`20
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`21
`21
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`22
`22
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`23
`23
`
`24
`24
`
`25
`25
`
`
`
`
`
`
`
`
`
`SURE. AT THE BOTTOM, WE SEE ANTERIOR, THAT SIMPLY
`SUR .
`AT THE BOTTOM, W1
`1fi ANTfiR OR, THAT SIMPLY
`
`
`
`
`
`
`
`MEANS THE FRONT. IN THE BACK, YOU SEE POSTERIOR, WHICH
`MEANS T I FRONT.
`N T fl BACK, YOU S1fi POSTfiR OR, WHICH
`
`
`
`
`
`
` Nfi GO NG FQOM FRONT
`
`
`
`MEANS T I BACK.
`AND T
`MEANS THE BACK. AND THERE'S A LINE GOING FROM FRONT OR THE
`
`
`
`
`
`
`
`
`
`BACK, IT'S AN INTERESTING LINE BECAUSE IT'S SUPPOSED TO BE
`BACK,
`IT'S AN NTfiRfiST _
`_fi BfiCAUS1 T'S SUPPOSED
`
`
`
`
`
`
`
`
`LF WAY FROM ON1 S D1
`fl OTifiR. Wfi'Rfi CALL NG
`HALF WAY FROM ONE SIDE OR THE OTHER. WE'RE CALLING IT THE
`
`
`
`
`
`
`
`
`
`
`
`
` fl AND ANYT _
`IS OFF TO THfi S Dfi OF THfi M
`MIDLINE AND ANYTHING THAT IS OFF TO THE SIDE OF THE MIDLINE,
`
`
`
`
`
`
`
`EVEN IF IT'S GOING THE WAY THAT ARROW POINTS, IS LATERAL TO
`T'S GO".
`” E WAY TiAT ARROW POINTS,
`"S LATERA'
`
`
`
`
`
`
`
`
`
`
`N1.
`TH1
`1
`'fi OF OTHfiR NTfiRfiST NG r1H"
`THE MIDLINE. THERE'S A COUPLE OF OTHER INTERESTING THINGS
`
`
` fiR1.
`TO SEE HERE.
`
`
`
`
`
`
`
`
`
`
`SPECIFICALLY, YOU NOTICE THIS IS A DIFFERENT
`SPfiC F CALLY, YOU NOT Cfi TH S
`S A D FF1QfiNT
`
`
`
`
`
`
`
`
`
`LOR.
`TH S RfiG ON R GHT HfiRfi TiAN THE PART ON T E OUTS D1.
`COLOR. THIS REGION RIGHT HERE THAN THE PART ON THE OUTSIDE.
`
`
`
`
`
`E PART ON THE OUTS Dfi WOUHD COQRESPONDfiNCfi TO T E WALLS OF
`THE PART ON THE OUTSIDE WOULD CORRESPONDENCE TO THE WALLS OF
`
`
`
`
`
`
`ROOM IN A HOJS .
`THAT WOJLD Bfi T{1
`QJCTURAL PART OF THE
`A ROOM IN A HOUSE. THAT WOULD BE THE STRUCTURAL PART OF THE
`
`
`
`
`
`
` LD NG.
`
`
`
`
`
`
`
`AND WE
`fl Ti S
`S ALL BON1
`{fl BON NfiSS.
`BUILDING. AND WHILE THIS IS ALL BONE, THE BONINESS.
`
`
`
`
`
`
`EN YOU SAY
`'fi TH S
`S AL]
`E?"
`WHEN YOU SAY "WHILE THIS IS ALL BONE?"
`
`Q
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` JCTU
`
`
`
` R2.
`
`
`
`
`
`
` NT fiRM
`
`
`
`A
`
`Q
`
`A
`
` S fiNT R1
`
`
`
`fiRTfiBRA S B