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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NUVASIVE, INC.
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`Petitioner
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`V.
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`WARSAW ORTHOPEDIC, INC.
`Patent Owner
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`Patent Number: 8,251,997 B2
`Issue Date: August 28, 2012
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`Case IPR2013-00206
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`PATENT OWNER’S NOTICE OF DEPOSITION OF
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`DR. PAUL MCAFEE
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`Mail Stop ”PATENT BOARD"
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
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`PO. Box 1450
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`Alexandria. VA 22313-1450
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`
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`IPR2013—00206
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`US. Patent No. 8,251,997 B2
`Our Ref. 102.0010-04IPR
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`Pursuant to 37 C.F.R. § 42.53, Patent Owner Warsaw Orthopedic, Inc., by
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`and through its attorneys, hereby provides notice that it will conduct cross-
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`examination by deposition of Dr. Paul McAfee, as agreed upon by the parties, at
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`9:00 am. EST on December 7, 2013. The deposition will occur at the following
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`location:
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`Gore Brothers Reporting & Video
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`20 South Charles Street - Suite 901
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`Baltimore, MD 21201
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`Counsel for Petitioner, NuVasive, Inc., has represented that Dr. McAfee will
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`appear at the date, time, and location indicated above.
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`Pursuant to 37 C.F.R. § 42.53, Patent Owner Warsaw Orthopedic, Inc., by
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`and through its attorneys, hereby provides notice that it will conduct cross—
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`examination by deposition of Dr. Paul McAfee, either commencing at 1:00 pm.
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`EST on December 6, 2013 or commencing at 9:00 am. EST on December 8, 2013
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`at the same location identified above upon further scheduling negotiations by the
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`parties. Patent Owner Warsaw Orthopedic, Inc., by and through its attorneys,
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`represents that the date and time of December 8, 2013 is preferred although the
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`date and time of December 6, 2013 is offered as an alternative.
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`Counsel for Petitioner, NuVasive, Inc., has not represented that Dr. McAfee
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`will appear at the dates, times, and location indicated above for either December 6
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`and 8, 2013. Counsel for Petitioner, NuVasive, Inc., has advised the undersigned of
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`a willingness to further discuss alternatives for additional deposition time for Dr.
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`Paul McAfee if time is needed beyond December 7, 2013.
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`The cross-examination will be taken before a Notary Public or other officer
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`authorized by law to administer oaths. It will be recorded using videographic and
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`stenographic means, as agreed to by the parties pursuant to 37 C.F.R. § 42.53.
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`Respectfully Submitted,
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`Dated: November 22, 2013
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`Registration No. 34,383
`Attorney for Patent Owner
`MARTIN & FERRARO, LLP
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`1557 Lake O’Pines Street, NE
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`Hartville, Ohio 44632
`Telephone: (330) 877-0700
`Facsimile: (330) 877-2030
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of this PATENT OWNER’S
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`NOTICE OF DEPOSITION OF DR. PAUL MCAFEE was served in its entirety
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`via electronic mail to APSI@fr.com (referencing Attorney Docket No. 13958-
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`01121P2 ):
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`Stephen R. Schaefer
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`Michael T. Hawkins
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`3200 RBC Plaza
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`3200 RBC Plaza
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`60 South Sixth Street
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`60 South Sixth Street
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`Minneapolis, MN 55402
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`Minneapolis, MN 55402
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`Date of Service: Z2 fl/Z/ "72
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`.
`fl”
`Slgnature: ( / . /
`Thomas Hi Martin, Reg. No. 34383
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