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`114 THIS UNIThD STAlES COURT OF APPEALS
`FOR THE NINTH CIRCUIT
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`NEUROVISION MI3DTcALpRoDucTs INC
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`Plaintiff
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`NUVASIVE INC
`
`Defendant
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`from the UthtedState District Court
`
`On Appeal
`for the Central District of California
`Case No 2LO9CV6988
`JIEMX
`
`DECL
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`lION OF WILLIAM Ii SMITh MJ4 IN SUPPORT
`OF DEFENDANTS MOTION FOR STAY OF
`PERMANENT INJUNCTION PEINDJI4G APPEAL
`
`Willi
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`Smith M.D state and clare
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`am Board-cettified
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`neurological
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`surgeon associated with Westprn
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`RegiOnal Center
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`for Brain
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`Spine Surgery with Offices lob(cid:224)ted
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`in Kingman
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`Arizona and Las VegasNevada
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`have pevscthal hbwiedge of the matters
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`stated
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`herein except where stated based on infornation and belief ajidif called upon to
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`do so woukftestify
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`competently
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`them
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`PODflOOd
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`wqJgQ Il-Ut
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`X2J
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`PX2489_000
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`PX2489
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`WARSAW2044
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00206
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`Page 1
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`Case 11-55120
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`01/19/2011
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`Sended Georgetown University Medical Center For seven years
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`also did my residency at Georgetown Urtiversity Iv edical Center
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`in neurological
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`sutgery
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`completed my residency in 1994 and have since worked continuously as
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`neurological
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`surgeon in Arizona and Nevada My specialty
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`is neurological
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`surgery including surgery of the spine
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`3.
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`regularly use NuVasives XLIF procedure in the course of my
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`surgical practice and am reathl familiar with the XLIF prbcedure
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`and
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`NuVasives NEURO VISION nerve monitoring systent
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`perform 6-12
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`.surgcries per week using NuVasives XLIF procedure
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`and NuVasives
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`.NEUROVISION nerve monitoring system
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`When
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`first tarted my neurosurgery practiceaIII
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`lower spine surgery
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`was open surgery wherein the spine was accessed
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`from either the front anterior
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`or die back posterior Such open spinal surgety involjed significant
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`risks
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`inc1udin significant blood loss high morbidity rates and lengthy recovery
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`periods The NEUIRO VISION nerve monitor system was
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`groundbreaking
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`development
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`that aIlSed neur(cid:243)surgŁons
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`to access the spine from the side
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`laterally in minimallyinvasive procedure fl acceSsi
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`the pine from the side
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`there is little muscle thsection less bone work and smaller incisions which results
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`in less blood loss less operative time and less pain to the patient
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`as compared to
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`standard open spine iirgØy NuVasives XLIF procedure
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`takes advantage
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`of the
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`Pflfl/7.Ufld
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`W2LF.cIJ
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`advances
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`provided by the NFUROVISION nerve monitoring technology
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`and
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`allows safer and less invasive surgeries in the lower spinal region
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`Not only areNuVasivesXLLFprocedure
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`and NEUROVISION
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`nerve monitor used to adess many common ba(cid:244)k problems including
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`for
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`example degenerative
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`disc disease scoiosis slipped discs and disc herniation
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`they are also used in life threatening cases such as in the case of
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`tumor or acute
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`trauma
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`XLIP surgeries
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`are in high demand and they cannot be performed
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`without Nuvasives NEUROVISION nerve monitoring system No other
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`Company manufactures
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`nerve monitoring system that can be used in connection
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`with the flII procethge The inability to use the NETJROVISION nerve
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`monitor system to perform XLIF procedures
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`in life threatening cases
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`involving
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`acute trauma or tumors could worsen neurological
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`injuries or cause irreversible
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`injury and possible death in cases that canuol be delayed
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`The inability to use NuVasives NEURO VISION nerve monitoring
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`system in cases that are not life threatening will alsohave serious repercussions for
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`my patients In the bet case scenario my patients surgeries will be delayed until
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`NuVasive is able to provide NEUXOVISION nerve monitoring system or until
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`am able to find an appropriate safe and reliable alternative
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`surgical procedure
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`which may be more invasive than NuVasives XLJF procedure In some cases
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`Von/cnN
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`tlrngqfl
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`LLOZ
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`however it will mean that my patients will hot be able to receive any surgical
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`freatmnts at all because thereis no suitable alternative
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`to the XLIF procedure
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`This is especially
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`so for my elderly patients for whom the morbidity rate and high
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`risk of blood loss in traditional
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`open surgeries is too gteat
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`risk For these elderly
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`patients
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`thØieisno alternative
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`to NuVasives XLIF procedure which requires
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`the use of NuVasives NEURO7VISIQN nerve monitor sjsterns
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`As
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`surgeon will
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`fight any order that proscribes use of NuYasiv(cid:244)
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`nerve monitoring systems as it would threaten
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`the well bemg of patients whose
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`lives and limbs are under rn care
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`declare under penal oPpeu under the laws of the United States of
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`America that
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`the foregoing is true and correºt
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`201
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`in
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`vnn/vnrbl
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`wnircrl
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`PX2489_0004
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