11/13/2003 Boyd, Lawrence, V.3, 11/13/2003 (MED)
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE WESTERN DISTRICT OF TENNESSEE
`
` WESTERN DIVISION
`
`MEDTRONIC SOFAMOR DANEK, )
`
`INC., )
`
` )
`
` Plaintiff(s), )
`
` vs. ) NO. 01-2373-MI
`
` )
`
`GARY K. MICHELSON, M.D.; and )
`
`KARLIN TECHNOLOGY, )
`
` )
`
` Defendant(s). )
`
`_____________________________)
`
` VIDEOTAPED DEPOSITION OF LAWRENCE M. BOYD
`
` VOLUME III
`
` (Taken by Defendant)
`
` Durham, North Carolina
`
` Thursday, November 13, 2003
`
` Reported in Stenotype by
`
` Dorothy J. M. McGrath, Shorthand Reporter
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` Transcript Produced by Computer-aided Transcription
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`Page 1
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`WARSAW2028
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00208
`
`

`

`11/13/2003 Boyd, Lawrence, V.3, 11/13/2003 (MED)
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` VIDEO TECHNICIAN: Starting of Tape 1,
`
` Volume III, on the record at 9:41 a.m.
`
` This is the videotaped deposition of
`
` Lawrence Boyd, Volume III. The case number is
`
` 01-2373-MI. The court reporter is
`
` Dorothy McGrath. My name is Scott Swing. We
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` are both with Russell Court Reporting out of
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` Winston-Salem, North Carolina.
`
` We are located today at the -- at 3001
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` Cameron Boulevard in Durham, North Carolina.
`
` Today's date and time are indicated on the
`
` video screen.
`
` At this time the court reporter will swear
`
` the witness for the record, please.
`
` (WITNESS SWORN)
`
` VIDEO TECHNICIAN: At this time, counsel
`
` will verbally introduce themselves and who they
`
` represent, please.
`
` (WHEREUPON, INTRODUCTIONS ARE MADE)
`
` VIDEO TECHNICIAN: We may proceed.
`
` LAWRENCE M. BOYD,
`
`having been first duly sworn, testified as follows:
`
` EXAMINATION
`
`BY MR. GIBSON:
`
` Q. Good morning, Mr. Boyd.
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`Page 2
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` A. Good morning.
`
` Q. You've had your deposition taken before in
`
`this matter and in other matters. Do you need me to
`
`explain any of the deposition procedures for you?
`
` A. I don't believe so.
`
` Q. Is there any reason your deposition cannot
`
`proceed today?
`
` A. Not that I'm aware of.
`
` Q. What did you do to prepare for your
`
`deposition today?
`
` A. I met with Mr. Pabis yesterday.
`
` Q. For approximately how long?
`
` A. Three hours.
`
` Q. Did you review any documents?
`
` A. Yes.
`
` Q. And did any of them refresh your memory?
`
` A. No.
`
` Q. Have you -- since your last deposition,
`
`besides meeting with Mr. Pabis for three hours
`
`yesterday, have you done any work as a consultant
`
`for Medtronic on this litigation?
`
` A. No.
`
` Q. Do you know the total amount you've billed
`
`Medtronic as a consultant on this litigation?
`
` MR. PABIS: Objection, asked and answered.
`
`245
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`Page 3
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`11/13/2003 Boyd, Lawrence, V.3, 11/13/2003 (MED)
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`that we -- we talked about.
`
` Q. What about PLIF instruments? Did you see
`
`any PLIF instruments at that meeting?
`
` A. Yes.
`
` Q. Was it a complete set of instruments for
`
`inserting an interbody fusion device through a PLIF
`
`procedure?
`
` A. I believe that the set was complete. It
`
`was not the final version that we ultimately, you
`
`know, commercialized, but it was -- it was able to
`
`go from start to -- to completion, insertion. I
`
`believe so.
`
` Q. And did you also see a lateral instrument
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`set in January of 1994?
`
` A. I don't know if he had the instruments
`
`then or not. I know we looked at a number of
`
`sketches for the various iterations, yeah.
`
` Q. Do you recall when you first saw an
`
`instrument set for lateral that was provided by
`
`Dr. Michelson?
`
` A. I don't.
`
` Q. Do you recall making requests to
`
`Dr. Michelson for instruments in the January 1994
`
`time frame?
`
` A. For instruments to be manufactured?
`
`265
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`Page 4
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`11/13/2003 Boyd, Lawrence, V.3, 11/13/2003 (MED)
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` Q. Yes.
`
` A. I recall asking him to have Dezider make
`
`some instrument sets for us, yes.
`
` Q. I'm going to show you what was marked as
`
`Exhibit 1107, the -- which actually consists of two
`
`letters. And I'll just ask you for both of those,
`
`if you could identify whether that's your signature
`
`on the two letters. They're both to Dr. Michelson.
`
` The first letter is dated January 13th,
`
`1994.
`
` A. Okay. This looks like mine on the
`
`January 13th letter. And January 14th, yes, that
`
`looks like my signature.
`
` Q. And this would have been three days after
`
`the meeting that you had with Dr. Michelson, the
`
`second letter, the January 14th letter?
`
` A. When was that meeting? Was it the 11th?
`
` Q. It was the 11th.
`
` A. Yeah. Well --
`
` Q. If you look at the second letter that's --
`
`that's attached here in the exhibit --
`
` A. Okay. Hold on.
`
` Q. You're looking at the first letter, but
`
`the --
`
` A. I know. I just want to get oriented. It
`
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`Page 5
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`will just take a second.
`
` Okay. Go ahead.
`
` Q. All right. The second one, this is your
`
`ordering or asking Dr. Michelson to have Mr. Imre
`
`make certain sets. Do you see that?
`
` A. Yes.
`
` Q. And the first item there is a PLIF set,
`
`and you're having three sets of 65 instruments made?
`
` A. That's what it says, yes.
`
` Q. Do you recall doing that?
`
` A. I believe so.
`
` Q. All right. The lordotic distractors that
`
`are listed next, did you understand what those were?
`
` A. I don't recall what those are.
`
` Q. Do you know what those -- what those are
`
`used for, which -- which -- which approach?
`
` A. I don't know.
`
` Q. Do you see that there's a -- there's a
`
`trephine that's listed there?
`
` A. I see that.
`
` Q. Did you understand that Dr. Michelson was
`
`disclosing the use of a trephine to -- to core out
`
`the disk space around distractors?
`
` A. Yeah. I recall that that -- that trephine
`
`was used to core over something. I think the -- the
`
`267
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`Page 6
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`

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`Biz/:7
`A 31’ WNW
`
`l DepOLeI-Iim54.31129
`Lon/99m law
`
`
`infill-L
`
`MEDSCAL DlViSION
`MWSJN '
`1
`:Icgzomscromsaow
`[90‘33953'333013
`WATS.- lmdlaithIt
`FAX. mi) :42‘ 39:1:
`
`DAN ER
`GROUP. INC.
`January 13, 1994
`
`(3. Kariin Michetson. MD.
`8610 Sepulveda Btvd;
`Suite 101
`Los Angeles, California 90045
`
`Dear Dr. Micheison.
`
`F
`
`t
`
`“I
`
`-
`
`t
`
`i am very enthusiastic about moving forward
`it was good to talk with you today.
`,with the many fusion device concepts. As we had discussed we would like to
`u uuvfiicu a
`benin wgrking 9:1 the variggs imniant and Inetmmantahnn design5_ Wm. nnttormrl q
`great deai ot information in our drscussions so l have listed some of the things
`we discussed. Please let me know if
`l missed anything or have misunderstood
`anmhinn 1n nrder tQ mQUD inmarg With the D'Gjemute discussed the mugging.
`
`1.) You will send me (via Fed Ex) today several implants and information on the
`design. This information wit! include prior modeling and analysis information on
`the imotant as wet! as reguIstory filing information on the 510(k) application lay
`KT! on a non-spine application of the threaded fusion device technology.
`
`2.) You wilt contact your machinist about manufacturing several sets of implant
`and instrumentation systems.~ The machinist will measure the current
`instruments. photograph the instruments and forward these to us to allow us to
`begin modeling the comoiete system. We specifically talked about the foilowing
`
`A.
`
`B.
`
`C.
`
`D.
`
`'5 FC’C’
`PrimacyPLtFlnstrgmentagign tsetoiinstruments'sentaher
`I
`o n‘
`HA?
`measu rement by machinist, to atlov' us to get started. 3 additions. 33.3 I...
`primary instruments to be manufactured. (Piease have your machinist
`send a cost and t:mtng estimate first)
`
`n Fir
`r
`r o to Di
`youor earliest convenience.
`
`hin -
`
`‘6
`
`'<IP Hob—C
`-
`fl
`9"“
`-iorwardthese at
`mm nt
`iz
`-
`n4
`tumor“: 5i
`recali it wediscussed manufacture of
`(JD (I)S)Ua.
`ffrgmo
`
`Dine; PLIFA mafivelnstrgmegation
`a 6::Jallves “I a Snag“? slz’a‘ U
`discuss anything not already covered byui
`#3 a».
`ALlF lnarumentation‘ggflfi‘sigepnly) - Manufacture 2 full sets (for 3 iuli
`sets totat), this would include the tordotic wooge distractors, double—barret
`outer sleeve and appropriate length reamer. driver. etc. W
`
`diIscusssed making 2 sets of
`GI IF: :1. ”Ne SnOuiu pit)“ably
`MS and 8 above.
`
`CONFIDENTIAL
`PER P 0. CATEGORY I
`
`THE SPENE SPECJAUSTSN‘I
`
`SDG
`
`MSD 0770109
`
`Confidential Information - Patent Prosecution Sensitive
`
`1107_Estes
`
`MNUV0278500
`
`Page 7
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`
`Page 7
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`

`

`E.
`
`F.
`
`G.
`
`i3 ‘5”
`..
`I
`[44?fo T—
`Agjgrigr Lgxgrai lmglani anHQ Instruments 524;} 25 52L size oniyz- ccrnoiets
`the current set (9 9., manufacture 5:lap hammer) and manufacwre one
`duplicate set (for a total of 2 complete sets).
`
`Qewics! imp!sdl__.a._r_i_d_i_ossiimsrit.Sssfiiza-.1._’§ mincolid - please send this
`
`set for our review at your earliest sonvensncs.
`
`NonThreaded Concepts (Push in Desions Truncated Desions and
`5;ngwjgai E515 9p. ngfig wrih Front Slot] Please send me some samples
`01 these 10f GUI" [EVIBW and records at your earliest COTTVBT'MBTICE.
`
`Dr. Michelson. i think this covers all the devices we discussed. Please call me if I
`have missed anything.
`i will ioo’K forward to receiving the impianis and additional
`iniormation tomorrow.
`i wiii stay in touch with you as we move toward to this
`project and wiil
`look forward to hearing lrornyour machinist regarding the
`manufacture of the additional implantiinstrument sets. Aiso, please do not
`hesitate to call me at any time. Due to the time ditterence and our schedules,
`you will probably need to call me at homelat times. My home phone number is
`(901) 681—0243. Please do not hesitate to call me.
`i will talk with you soon.
`Take care.
`
`Sincereiy.
`
`[uawrenoi ’Eoyd
`
`anaoe
`
`FOdUCI Development
`
`/
`
`CC:
`
`Ron Pickard.
`
`John Patton:
`
`Confidential intermafiun
`
`CONFIDENTIAL
`PER P.0. CATEGORY 1
`
`SDG 34151
`
`Confidential Information - Patent Prosecution Sensitive
`
`MNUV0278501
`
`Page 8
`
`
`Page 8
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`

`

`BC:
`
`David Brumfield
`Brad Estes
`
`CONFIDWIAL .
`PER?.O.CATEGORY =
`
`SDG 34162
`
`Enniifiéi‘itiai 3i
`
`Confidential Information - Patent Prosecution Sensitive
`
`MNUV0278502
`
`Page 9
`
`
`Page 9
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`

`

`MEmmL MWSION
`m mummy-an
`WIRES rl man
`(Sufism:
`«us ”film
`In: manna
`
`Fax 339 521-5335
`
`DANEK’
`GROUP, mo.
`January :4. 1994
`
`G. KarEn Michelson. MD.
`3610 Sepuiveda Blvd.
`Suite 101
`I an Anmlae f‘al'
`bu: ru vawq, vu!
`
`Dear Dr. Michetson‘
`
`In inflow-up to our discussion today about manuiacture of the various instrument
`sets, here are the various items we discussed:
`
`1. PLtF Set 3 sets of 65 insts per set at $3.000 pet set
`{Timing appreximatety 3 weeks}
`2. Lorm‘c Distramers Size 16 mm
`
`Total $9.000
`
`Lordoitc distractors
`inner Sleeve
`~i‘i-ephine
`Cap Driver
`Rotary Knife
`
`5300 e
`$35 0
`5 150 o
`3 150 0
`5 200 Q
`
`3 sets total at $600 per set
`
`Total $1.300
`
`3. ALIF instrumentation {Size 18 mm and 20 mm)
`
`Wedge Distractots
`01,115: Shotgun Steeve
`Diilllreamer
`Inns: Steeve
`Driver Cap
`Siapperfouiier
`Rings
`Tap
`1mplam Driver
`
`$125
`15259
`$150
`SEES
`3225
`"""
`$30
`$1 50
`$250
`Per Set
`
`a 9
`1 Q
`1 o
`1?:
`1 @
`16
`26
`1' (it
`1 a
`52210
`
`66
`i Q
`1 o
`1%
`
`2g
`'i 9
`
`$1485
`
`Need thsee comptete .45 _! 3-..fi95 9e:
`
`Tmai $113955
`
`THE SPtNE SPECtALtS'Es'“
`
`Confidentiai Information
`
`I I 1|
`
`U!
`
`Confidential Information - Patent Prosecution Sensitive
`
`MNUV0278503
`
`Page 10
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`Page 10
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`

`

`4. Anterior Laterai instrumentation {2413 x 42L)
`
`Distractor S. '8, 10, 12. 14 mm
`Siap Hammer
`Driver Cap
`implant Driver
`Other
`
`$1800mlai
`5275 @
`$225 @
`5275 @
`$175 @
`
`Totai per set is $2750 and we can use some components from the existing set
`
`Total approx. $4.500
`
`Qvereii. it Eooirs iiire it adds up as toziowsz
`
`1. PLIF instrumentation ('3 Sets Manufactured)
`
`2 Lordotic Dtstractors and Trephine (3 8‘13)
`
`3. ALI? instruments {3 Sets 8:; 18 and _9 man
`
`4 Anterior uteri insts {2 Sets Torar“
`
`$9,000
`
`$1,830
`
`$11 (335
`
`$4.53“:
`
`Dr. Michelson, pieese let me know if this agrees with your notes from our
`conversation. Pteasa have your machinist send me a written quotation for these
`items and i will cut a purchase order. Cali me if you have any items to discuss,
`Taik with you soon.
`
`Sincereiy,
`
`at
`J
`'7 ”‘9’“
`,,,,,,.
`r/na ______ H______
`A
`3 Lawrencé‘M’.’Boyd
`-.1 manager, r-ruduct Devéiép em
`
`CC:
`
`John Paflord
`David Brumtieid
`Brad Estes
`
`Confidential Information - Patent Prosecution Sensitive
`
`MNUV0278504
`
`Page 11
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`Page 11
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`