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`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE WESTERN DISTRICT OF TENNESSEE
`
` WESTERN DIVISION
`
`_____________________________________________________
`
`MEDTRONIC SOFAMOR )
`
`DANEK, INC., )
`
` )
`
` Plaintiff, )
`
` )
`
` )
`
`VS. ) NO. 01-2373-JPM
`
` )
`
` )
`
`GARY K. MICHELSON, M.D., AND )
`
`KARLIN TECHNOLOGY, )
`
` )
`
` Defendants. )
`
`_____________________________________________________
`
` DEPOSITION
`
` OF
`
`13
`
` JOHN PAFFORD
`
` APRIL 3, 2003
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` ALPHA REPORTING CORPORATION
`
` Heather Huff, Court Reporter
`
` 100 North Main Building, The Lobby
`
` Memphis, Tennessee 38103
`
` (901) 523-8974
`
`1
`
`
`Page 1
`
`WARSAW2025
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00208
`
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`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE WESTERN DISTRICT OF TENNESSEE
`
` WESTERN DIVISION
`
`_____________________________________________________
`
`MEDTRONIC SOFAMOR )
`
`DANEK, INC., )
`
` )
`
` Plaintiff, )
`
` )
`
` )
`
`VS. ) NO. 01-2373-JPM
`
` )
`
` )
`
`GARY K. MICHELSON, M.D., AND )
`
`KARLIN TECHNOLOGY, )
`
` )
`
` Defendants. )
`
`_____________________________________________________
`
` DEPOSITION
`
` OF
`
`13
`
` JOHN PAFFORD
`
` APRIL 3, 2003
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`
` ALPHA REPORTING CORPORATION
`
` Heather Huff, Court Reporter
`
` 100 North Main Building, The Lobby
`
` Memphis, Tennessee 38103
`
` (901) 523-8974
`
`1
`
`
`Page 1
`
`WARSAW2025
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00208
`
`
`
`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
` VIDEO SPECIALIST: My name is John May.
`
`I am a certified video specialist for Alpha Legal
`
`Productions located in the lobby of the 100 North
`
`Main Building in Memphis, Tennessee. The case number
`
`is Civil Action Number 01-2373JPM filed in the United
`
`States District Court for the Western District of
`
`Tennessee, Western Division. Entitled Medtronic
`
`Sofamor Danek, Incorporated versus Gary K. Michelson,
`
`M.D. and Karlin Technology, Incorporated, et al.
`
` Our deponent today is Mr. John Pafford. The
`
`video is requested by the Defendant in this matter.
`
`Will Counsel introduce themselves for the record,
`
`please?
`
` MR. MARMARO: Good afternoon. I'm Mark
`
`Marmaro and I represent Gary Michelson and Karlin
`
`Technology.
`
` MR. SWITZER: Hello. Mike Switzer from
`
`the law firm of McDermott, Will and Emery on behalf
`
`of Medtronic Sofamor Danek and the witness,
`
`Mr. Pafford.
`
` VIDEO SPECIALIST: The deponent may be
`
`sworn in by Ms. Heather Huff of Alpha Reporting
`
`Corporation.
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`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
` JOHN PAFFORD,
`
` called as a witness, having been first duly sworn,
`
` was examined and testified as follows:
`
` DIRECT EXAMINATION
`
` BY MR. MARMARO:
`
`Q. Mr. Pafford, have you ever had your
`
` deposition taken before?
`
`A. Yes, I have.
`
`Q. Okay. On a number occasions?
`
`A. Yes.
`
`Q. So you are familiar with the procedure?
`
`A. Yes.
`
`Q. And you're represented here by Counsel?
`
`A. That's correct.
`
`Q. So I think we can get right to it without
`
` going through any of the preliminaries, since I'm
`
` sure you know about them. Let me just say that I'm
`
` going to try to be as clear as I can in my
`
` questioning. If you don't understand a question, let
`
` me know and I'll do my best to restate it.
`
`A. Okay.
`
`Q. Can you tell me what you did to prepare for
`
` this deposition?
`
`A. I just spent time with my Counsel.
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`Page 3
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`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
`A. I would have to just look back at those
`
` disagreements.
`
`Q. (BY MR. MARMARO) But you can't think of --
`
` can you think of a single one as you sit here today
`
` that does not make provisions for improvements,
`
` continuation in parts and modifications?
`
` MR. SWITZER: Same objection.
`
`A. I cannot think of one, but I don't even
`
` remember this agreement either, so --
`
` MR. MARMARO: Let's mark as Exhibit 48 a
`
` letter that you wrote to Gary Michelson on March
`
` 28th, 1994.
`
` (WHEREUPON, THE ABOVE-MENTIONED
`
` DOCUMENT WAS MARKED AS EXHIBIT NO. 48 TO THE
`
` TESTIMONY OF THE WITNESS AND IS ATTACHED HERETO.)
`
` (WHEREUPON, THE ABOVE-MENTIONED
`
` DOCUMENT WAS PASSED TO THE WITNESS.)
`
`Q. (BY MR. MARMARO) Mr. Pafford, is this a
`
` letter you wrote to Dr. Michelson?
`
`A. Yes, it is.
`
`Q. This was in preparation for a visit by
`
` Dr. Michelson to Memphis?
`
`A. That's what it states, yes.
`
`Q. Do you remember the purpose of that visit in
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`Page 4
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`4/3/2003 Pafford, John, V.1 04-03-2003 [MED]
`
` March of 1994?
`
`A. No, I do not.
`
`Q. Okay. I take it Danek and Dr. Michelson met
`
` at the gate in Memphis and then had him taken out to
`
` dinner as it's stated here?
`
`A. I assume so. I don't recall.
`
`Q. From time to time, did Gary Michelson come to
`
` Memphis to visit with the Danek personnel?
`
`A. He came a few times, yes.
`
`Q. Okay. And were the purposes of Dr. Michelson
`
` coming for him to demonstrate various items of
`
` technology?
`
`A. I'm not certain what all the purposes were.
`
` I wasn't involved in all those meetings.
`
`Q. Okay. Were you involved in any of the
`
` meetings when Dr. Michelson came to Memphis?
`
`A. The only one that I'm aware of.
`
`Q. And which one is that, Mr. Pafford?
`
`A. That he came in and I don't even remember
`
` what it was, and had a meeting. I'm not even sure
`
` why he came in, and he brought his attorney with him.
`
`Q. Do you recall -- did he participate in the
`
` meeting?
`
`A. Very briefly.
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`Page 5
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`
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`
`
`a DANEK
`#—mmafia—u.
`::_'::.“' THE SPINE SPECIALIST“
`
`‘
`Match 23. 1994
`
`.
`
`G. Karlin Michelson, MD.
`3610 Sepulveda Boulevard, Suite 101
`'Los Angeles. California 90045
`
`‘
`
`Dear Dr. Michelson:
`
`JOHN A um
`Vice Pmidm. Pm MW'
`mum MEDICAL. INC.
`
`Via Fax 310-3374???
`
`{am looking forward tn you: visit to Memphis next week. A repmeematlvc from Danelt
`will meet you at you gate on Tuesday, April 5 at {5:55 pm. on am' val of Northwest fli ht
`554 from Los Angeles. We will have dinner that evening at La Tourelle with A ex
`Lultianov, Ted Bird, Len-y Boyd and David Bmmfield. Also. I have arranged for you to
`stay at the Embassy Suites for the evening of April 5. Your continuation number is
`83463162.
`
`In the meantime. if you have any quesflons. please call me at 800—876-3133. extension
`126.
`
`
`
`John A. Paffard
`Vice President.
`Product Development
`
`lab
`
`c: Alex Lultjancw
`Ted Bind
`Larry Boyd
`David Bmmfield
`Katlw Clay
`
`3092 Directors Row Memphis. Ferlnrstee 38 I )1
`PHONE N01) see-1‘ ll teem 516-3133
`FM (901) 332-31920
`
`A subsidiary at sermon am at GROUP. INC.
`
`conlldutltllW
`
`M80 amm
`
`DEPOSITION
`
`
`
`Page 6
`
`Page 6
`
`
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